MARTINAL ET AL. v. LAKE O' THE WOODS

No. 20,068.

140 Ind. App. 358 (1965)

208 N.E.2d 722

MARTINAL ET AL. v. LAKE O' THE WOODS CLUB, INC.

Court of Appeals of Indiana.

Rehearing denied September 16, 1965.

Transfer denied February 14, 1967.

Reconsideration of Petition to Transfer denied March 2, 1967.


Attorney(s) appearing for the Case

Owen W. Crumpacker, Harold Abrahamson, and Crumpacker, Burbach & Abrahamson, all of Hammond, and Bowen, Myers, Northam & Givan, of Indianapolis, all for appellants.

Philip M. Cagen, of Valparaiso, for appellee.


CARSON, J.

Appellee, plaintiff below, a not for profit corporation brought this action in two paragraphs the first of which was for a permanent injunction and the second for damages.

Appellees sought to restrict and permanently enjoin the appellants from trespassing on the waters of an allegedly privately owned non-navigable lake known as Sagers Lake, and to recover damages for said trespass. Appellants were and are the owners of adjoining property.

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