Cincinnati, I.&W.R. Co. v. Bd. of Pub. Works of Indianapolis

• Decision Date: 12 March 1918
• Docket Number: No. 23142.,23142.
• Citation: 118 N.E. 957,187 Ind. 235
• Court: Indiana Supreme Court
• Parties: CINCINNATI, I. & W. R. CO. et al. v. BOARD OF PUBLIC WORKS OF CITY OF INDIANAPOLIS et al.

187 Ind. 235

118 N.E. 957

CINCINNATI, I. & W. R. CO. et al.

v.BOARD OF PUBLIC WORKS OF CITY OF INDIANAPOLIS et al.

No. 23142.

Supreme Court of Indiana.

March 12, 1918.

Appeal from Superior Court, Marion County; W. W. Thornton, Louis D. Hay, Vincent G. Clifford, John J. Rochford, and Theophilus J. Moll, Judges.

Proceedings for elevation of railroad tracks. From judgment of the superior court, on appeal from action of the Board of Public Works of the City of Indianapolis, the Cincinnati, Indianapolis & Western Railroad Company and another appeal adversely to such Board of Public Works, the Pittsburg, Cincinnati, Chicago & St. Louis Railway Company, and the Indianapolis Union Railway Company. Appeal dismissed.

J. W. Fesler, Harvey J. Elam, and Howard S. Young, all of Indianapolis, for appellants. Wm. A. Pickens, of Indianapolis, for appellees.

SPENCER, C. J.

On October 24, 1913, the board of public works of the city of Indianapolis adopted a resolution relative to the elevation of certain railroad tracks over La Salle street in said city. Within 15 days thereafter appellants duly perfected an appeal from the action of the board to the superior court of Marion county, sitting as a court of review in accordance with the provisions of section 8867, Burns' 1914. That statute provides that:

“Upon such appeal being taken all parties shall be deemed bound thereby, and said court, all the judges thereof sitting, may modify or confirm the order of said board in whole or in part, and the finding and judgment of such court shall be final and binding all parties and no appeal shall lie therefrom.”

A trial of the issues presented by the appeal of the superior court resulted in a finding and judgment that the action of the board of public works should be in all things affirmed. It is from that judgment that the present appeal is sought to be prosecuted, for the purpose, in part, of establishing appellants' contention that the statute above referred to is unconstitutional and void in so far as it denies to an interested party litigant the right to appeal from an adverse decision of the superior court.

The procedure authorized by the track elevation law is special in character, and the rule is well settled that the general right of appeal from final judicial judgments does not obtain in special proceedings. Unless that right is expressly granted, no appeal lies from any decision of the board or tribunal conducting such proceedings. City of Indianapolis...