Indiana Power Co. v. St. Joseph & E. Power Co.

• Decision Date: 06 June 1902
• Citation: 64 N.E. 468,159 Ind. 42
• Parties: INDIANA POWER CO. v. ST. JOSEPH & E. POWER CO.
• Court: Indiana Supreme Court

159 Ind. 42

64 N.E. 468

INDIANA POWER CO.

v.ST. JOSEPH & E. POWER CO.

Supreme Court of Indiana.

June 6, 1902.

On petition for rehearing.Petition denied.

For original opinion, see63 N. E. 304.

PER CURIAM.

And afterwards, to wit, on June 6, 1902, being the 11th judicial day of the May term, 1902, the court, being fully advised in the premises, overrules the petition for a rehearing heretofore filed herein by the appellant, with the following opinion:

A very careful re-examination of the points decided in this case has been made in connection with the briefs upon the petition for a rehearing.We have discovered no ground for any modification of the opinion heretofore announced.It is indisputable that the appellant had the right to sell or otherwise dispose of the lands acquired by it by purchase, and to abandon its enterprise.It is equally evident that, under the statute authorizing the organization of companies for hydraulic purposes, the only public and unequivocal act by which such companies are empowered to indicate their intention to devote lands to a corporate and public use is by filing their instrument of appropriation in the office of the clerk of the county where the lands are situated.In the case before us, while the appellant was a hydraulic company, and had purchased lands in the vicinity of the St. Joseph river, it had built no...