Indiana Supreme Court, 1856

Victory v. Fitzpatrick

Victory v. Fitzpatrick
Indiana Supreme Court · Decided December 5, 1856
8 Ind. 281
Victory v. Fitzpatrick

Cases that cite this one

5 later published cases cite this decision.

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Per Curiam.

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.

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