(DOWNLOAD) "Evansville and Ohio Valley Railway Company" by 916 Supreme Court of Indiana No. 28 ~ Book PDF Kindle ePub Free
eBook details
- Title: Evansville and Ohio Valley Railway Company
- Author : 916 Supreme Court of Indiana No. 28
- Release Date : January 16, 1953
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
Appellee filed its third amended complaint in five paragraphs in the Spencer Circuit Court. In each paragraph it sought to collect the penalty, attorney' fees and costs provided for by subsection (d), Sec. 55-4418, Burns' 1951 Replacement. By rhetorical paragraph four in each paragraph of the complaint it is averred that between July 1, 1946, and January 1, 1948, appellant ""constructed electric distribution lines (within certain described sections) none of which is a secondary voltage service line as permitted or defined in paragraphs '(o)' or '(p)' of section 3"" (Section 55-4403, Burns' 1951 Replacement), and that appellant has since said time managed, controlled and operated the same. There is no direct averment in the complaint that the action of appellant was a violation of any right of appellee. The only averment in this matter is as follows: ""The violation of section 18, of the Indiana REMC Act (Burns' § 55- 4418) by defendant as alleged in this paragraph is separate and distinct from the violation of said act by defendant alleged in any other cause of action stated in this complaint.""