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Louisville, New Albany & Chicago Railway Co. v. Beck

The Louisville, New Albany and Chicago Railway Company v. Beck

Louisville, New Albany & Chicago Ry. Co. v. Beck, 21 N.E. 471 (Ind. 1889)
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Court
Indiana Supreme Court · State Highest Courts
Decided
May 17, 1889
Docket
No. 13,424
Judges
Mitchell
Citations
21 N.E. 471119 Ind. 1241889 Ind. LEXIS 245
Headnotes
Railroad. — Right of Wag. — Injunction.—Ejectment.—Estoppel. — Assessment of Damages. — A land-owner who stands by, without demanding compensation, until a railroad is in operation and the public interests are involved, can neither enjoin the company nor maintain ejectment proceedings, his only remedy being a proceeding for the assessment of damages.
Summary
From the Carroll Circuit Court.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Mitchell

Text extracted by OCR from a scanned original; check the original for exact wording.

Mitchell, J. —

This action was brought against the appellant railroad company by Beck, the owner of a lot in the city of Delphi, to recover so much of the lot as is occupied by the railroad company with its track and right of way, over and upon which it is conducting its business as a common carrier.

This case is directly within the principles which ruled in Louisville, etc., R. W. Co. v. Soltweddle, 116 Ind. 257 , Bravard v. Cincinnati, etc., R. R. Co., 115 Ind. 1 , Sherlock v. Louisville, etc., R. W. Co., 115 Ind. 22 (30), Midland R. W. Co. v. Smith, 113 Ind. 233 , Indiana, etc., R. W. Co. v. Allen, 113 Ind. 581 , and other cases.

*125 Filed May 17, 1889.

These cases declare the general rule, that a land-owner who stands by, without demanding compensation, until a railroad company has so far completed and put in operation its road over his land as to involve the public interest, can neither enjoin the company nor maintain ejectment to recover his land. The only remedy left to the land-owner, in such a case, is to proceed within the proper time to have* his damages assessed and enforced against the railroad company. This rule is founded upon the general principles of public policy, as well as upon the provisions of section 3953, R. S. 1881.

The judgment is reversed, with costs.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 17 cases

View all citing references →
1890: 41891: 21893: 21894: 11898: 11899: 31907: 11911: 21920: 118902026peak 1890 · 4

Relies on it most ⓘ

  1. Louisville, New Albany & Chicago Railway Co. v. Berkey36 N.E. 642 (Ind. 1894)
  2. Dalton v. Katalla Co.4 Alaska 410 (D. Alaska 1911)
  3. Charleston & Western Carolina Railway Co. v. Hughes30 S.E. 972 (Ga. 1898)
  4. St. Louis S. F. R. Co. v. Mann1920 OK 293, 192 P. 231
  5. Kincaid v. Indianapolis Natural Gas Co.8 L.R.A. 602 (Ind. 1890)
  6. Porter v. Midland Railway Co.25 N.E. 556 (Ind. 1890)

Most recent

  1. St. Louis S. F. R. Co. v. Mann1920 OK 293, 192 P. 231
  2. Victoria Copper Mining Co. v. Rich193 F. 314 (6th Cir. 1911)
  3. Dalton v. Katalla Co.4 Alaska 410 (D. Alaska 1911)
  4. McClarren v. Jefferson School Township82 N.E. 73 (Ind. 1907)
  5. Busenbark v. Clements53 N.E. 665 (Ind. Ct. App. 1899)
  6. Huffman v. State52 N.E. 713 (Ind. Ct. App. 1899)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 5

DepthCaseCited by
Ind., Bloomington & Western Ry. Co. v. Allen, 15 N.E. 446 (Ind. 1888) 68
Sherlock v. Louisville, New Albany & Chicago Ry. Co., 17 N.E. 171 (Ind. 1888) 29
Midland Ry. Co. v. Smith, 15 N.E. 256 (Ind. 1888) 18
Bravard v. Cincinnati, Hamilton & Indianapolis R.R., 17 N.E. 183 (Ind. 1888) 14
Louisville, New Albany & Chicago Ry. Co. v. Soltweddle, 19 N.E. 111 (Ind. 1888) 12

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