Dalton v. Cleveland, C., C. & St. L Ry. Co.
| Decision Date | 04 March 1896 |
| Court | Indiana Supreme Court |
| Parties | DALTON v. CLEVELAND, C., C. & ST. L RY. CO. |
OPINION TEXT STARTS HERE
Appeal from circuit court, Vigo county; D. N. Taylor, Judge.
Action by Huldah R. Dalton against the Cleveland, Cincinnati, Chicago & St. Louis Railway Company for an injunction. From a judgment for defendant, plaintiff appeals. Affirmed.
L. S. Dalton and S. C. Davis, for appellant. Elliott & Elliott, for appellee.
The lower court denied the appellant's petition for an injunction, and that ruling is here presented as error arising upon the evidence. By the petition it was alleged that the appellant owned a lot in the village of Fontanel, on the line of appellee's railway, and adjacent to its right of way, upon which lot appellant maintained a building for the combined purposes of a business house, a dwelling, and a meeting place for social and benevolent societies; that the appellee was proceeding in the erection of a structure, opposite and very near to the appellant's building, to be used as a coal chute for coaling its locomotives; that, from the height and character of the structure, it would greatly impair the access, the view, the light, and the air to her building; that its use for the purposes aforesaid would cause unusual, loud, and offensive noises constantly, by day and night, disturbing sleep, and impairing the use of the appellant's building for business, social, and residence purposes; that the use of said coal chute would produce great quantities of dust, which would be blown into appellant's building, injuring the furniture, the stock in trade, and the comfortable enjoyment of living within it; that the storage and handling of the coal would bring to appellant's premises, and within her building, the fumes of sulphur, and the odors of other gases injurious to health, and destructive of business in her building; that the escaping steam, soot, and smoke from the locomotives frequently taking coal at said chute would not only disturb the occupants of her building, by the noise, but would enter the building, to the annoyance and discomfort of the occupants; that said locomotives would drop fire about said chute, endangering its destruction, greatly increasing the hazards from fire to her buildings. From these alleged causes, general and special damages are alleged, and it is prayed that the further construction of said coaling station be enjoined.
There is no evidence that the structure will materially obstruct or impair the enjoyment of the appellant's property with respect to any of the easements in light, air, or access. It is wholly within the appellee's right of way, does not reach the highway upon which the appellant's lot fronts, and the building proper is not directly opposite to appellant's building, though a trestle, upon which cars are to be stored for unloading, does extend to a point near to said highway, and directly...
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