Indianapolis Times, Indianapolis, Marion County, 26 January 1939 — Page 7

{BATTLE OVER | ROAD 31 LAND

vote Comes Up Next Week ‘s In Superior Court; Old Law Cited.

t The State Highway Commission will’ face a legal battle next week . over the ownership of the land on which Highway 31, north of Indianapolis, is located. Arguments will be heard in Superior Court 5 on -a suit brought against the State by David and Alice Smith, who contend they are the htful owners of the road right-of<way just north of the City limits,

The legal tangle dates back to

take advantage of the land within the statutory time limit and therefore, “the right-of-way belongs to the plaintiff.” Mr, and Mrs. Smith ask that the State be ordered to pay for seven acres of land comprising the righ-of-way through their property.

INDIANA RAILROAD CO. IS SUED FOR $10,000

Alice Branham, wife of James w. Branham, injured fatally on a trac-

tion line trestle over Eagle Creek]!

last Nov. 17, asks $10,000 damages in a suit on file in Superior Court 4 today against the Indiana Railroad Co. The suit stated Mr. Branham was killed when struck by a traction car while walking over the company’s trestle southwest of the City. Mrs. Branham charged that the car motorman was negligent in failing to get the car stopped in time to avoid the accident. Indiana Railroad officials declined to comment.

SCOTS TOMORROW

Shortridge Teacher to Play Native Tunes.

Albert Stump, Indianapolis attorney, will describe his recent visit to Scotland at the annual Scots’ ‘banquet of the Meridian Heights Presbyterian Church at 6:30 p. m: tomorrow. David M. Lewis; Marion County Prosecutor, will be toastmaster. James C. McLauchlan, exchange instructor in physics at Shortridge High School, will appear in kilts and play the bagpipes. Charles J. Johnstone will present several folk dances. Robert Arthur, Mrs. Martha McDougall Emhardt, Harry Simpson and Grace Simpson will be soloists. Heads of committees in charge of the dinner are Robert Bain, program; John. A. Thomson, tickets; Alexander McNeill, hospitality, and

STUMP TO TALK TO |

is the sugar your body uses

‘directly for ENERGY ”

‘the Rev. S. B. Harry, publicity. 1912 when, records show, former owners of the Smith land and oth-

ers along the then proposed roadway . = donated land for the relocation of MOTHER...LET'S HAVE —

the road. PANCAKES FOR

The suit stated, however, that the row! State failed to make use of the land - for a road at that time and that - no part of it was used until the road was relocated in 1932,

Cites Old Law

Meanwhile, Mr. Smith found an LS old Indiana law, providing that if . ! A land donated for public use is not EE Ee made available for the public within six years, it automatically reverts to the former owners, according to the suit.

cpahe action, based upon that law, I EVEINKILAVER-TOAT IIA EVITA ROLE

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