Indiana Court of Appeals, 1910

Vandalia Railroad v. Walker

Vandalia Railroad v. Walker
Indiana Court of Appeals · Decided April 29, 1910 · Watson
45 Ind. App. 702; 91 N.E. 607; 1910 Ind. App. LEXIS 250

Vandalia Railroad v. Walker

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.