Vandalia Railroad v. Walker

Indiana Court of Appeals

Vandalia Railroad v. Walker

91 N.E. 607, 45 Ind. App. 702, 1910 Ind. App. LEXIS 250

CourtIndiana Court of Appeals

DecidedApril 29, 1910

DocketNo. 6,839

StatusPublished

This text of 91 N.E. 607 (Vandalia Railroad v. Walker) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Vandalia Railroad v. Walker, 91 N.E. 607, 45 Ind. App. 702, 1910 Ind. App. LEXIS 250 (Ind. Ct. App. 1910).

Pincite

Opinion

Watson, J.

This is an action by appellee to recover from appellant the sum of $149.02, for the expense incurred in building a fence along its right of way passing over her land.

The primary object of the legislature in enacting the law requiring railroad companies to fence their tracks, and to maintain them is for the protection of life and property. It should be adhered to by the railroads, and, if not, should bo enforced by the landowners.

This is a companion ease to Vandalia R. Co. v. Blum (1910), ante, 697. The same questions are involved here as in that case, and upon the authority of that case this one is affirmed.

Judgment affirmed with ten per cent penalty.

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Watson, J.

This is an action by appellee to recover from appellant the sum of $149.02, for the expense incurred in building a fence along its right of way passing over her land.

The primary object of the legislature in enacting the law requiring railroad companies to fence their tracks, and to maintain them is for the protection of life and property. It should be adhered to by the railroads, and, if not, should bo enforced by the landowners.

This is a companion ease to Vandalia R. Co. v. Blum (1910), ante, 697. The same questions are involved here as in that case, and upon the authority of that case this one is affirmed.

Judgment affirmed with ten per cent penalty.

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Bluebook (online)

91 N.E. 607, 45 Ind. App. 702, 1910 Ind. App. LEXIS 250, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vandalia-railroad-v-walker-indctapp-1910.