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8 Ind. 281

Victory v. Fitzpatrick

Indiana Supreme Court

Decided December 5, 1856

Indiana Supreme Court · decided 1856-12-05

<p>APPEAL from the Daviess Court of Common Pleas.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1856-12-05

How this case has been cited

Cited by 9 later decisions — most recently July 1930

9 state decisions

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Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam.

¶1Action 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.

¶2The 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.

¶3The judgment is reversed with’ costs. Cause remanded, with an order that it be dismissed.

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