Victory v. Fitzpatrick
This text of 8 Ind. 281 (Victory v. Fitzpatrick) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Action to recover damages for an allege'd trespass upon the plaintiff s land. The record shows the alleged trespass to have been an entry, by the Dvansville and Indianapolis Railroad Company, pursuant to a location of their railroad under their charter, for the purpose of constructing said road' upon the location made.
The suit cannot he, sustained/ The statute provides a mode of redress and it must be followed. New Albany and Salem Railroad Company v. Connelly, 7 Ind. R. 82, and case cited. The President, &c., of the Crawfordsville, &c., Railroad Company v, Wright, 5 Ind. R. 252.
The judgment is reversed with’ costs. Cause remanded, with an order that it be dismissed.
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8 Ind. 281, Counsel Stack Legal Research, https://law.counselstack.com/opinion/victory-v-fitzpatrick-ind-1856.