Reitz v. Evansville Terminal Railway

Decision Date15 December 1910
Docket Number21,772
Citation93 N.E. 283,175 Ind. 707
PartiesReitz et al. v. Evansville Terminal Railway
CourtIndiana Supreme Court

From Vanderburgh Circuit Court; Alexander Gilchrist, Judge.

Action by the Evansville Terminal Railway against Joseph F. Reitz and another. From a judgment for plaintiff, defendant appeals.

Affirmed.

G. A. Cunningham, for appellants.

Funkhouser & Funkhouser and Robinson & Stilwell, for appellee.

OPINION

Hadley, J.

Action by appellee to condemn real estate of appellant, for use in the construction of a street and interurban railroad.

The single question arising in this appeal was fully considered and decided in F. W. Cook Investment Co. v. Evansville, etc., Railway (1910), ante, 3, and upon the authority of that case, this appeal cannot be sustained.

Judgment affirmed.

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5 cases
  • Ness v. Bd. of Com'rs of Marshall Cnty.
    • United States
    • Indiana Supreme Court
    • April 5, 1912
    ...County and others. Judgment for defendants, and plaintiff appealed to the Appellate Court (91 N. E. 618), which granted a rehearing(93 N. E. 283), and on denial of a second rehearing(95 N. E. 548) the cause was transferred to this court. Reversed, with directions to grant a new trial. Trans......
  • Evansville v. Evansville Terminal Ry.
    • United States
    • Indiana Supreme Court
    • December 16, 1910
  • Ness v. Bd. of Com'rs of Marshall Cnty.
    • United States
    • Indiana Appellate Court
    • June 22, 1911
    ...and judgment reversed in part and affirmed in part. For original opinion, see 91 N. E. 618, and for opinion on first rehearing see 93 N. E. 283.Harley A. Logan and L. M. Lauer, for appellant. E. C. Martindale, Charles Kellison, and Miller & Dowling, for appellee.FELT, P. J. On January 23, 1......
  • Evansville, Suburban And Newburgh Railway Company v. Evansville Terminal Railway
    • United States
    • Indiana Supreme Court
    • December 16, 1910
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