Indiana Court of Appeals June 30, 1904, No. 4,867 (Chicago, Indianapolis & Louisville Railway Co. v. Croy)

Robinson, J.

Suit by appellee, commenced before a justice of the peace, to recover expenses incurred in constructing a fence along appellant’s right of way. Appellant’s railway line adjoins land owned by appellee. The fence on the division line was destroyed by fire, and on-May 23, 1901, appellee served a written notice on appellant to rebuild the fence.