Legal Opinion

Swain v. Chicago, Burlington & Quincy Railroad

Appellate Court of Illinois

Decided April 6, 1911No. Gen. No. 5427PublishedCited by 2 opinions

Action in case. Appeal from the Circuit Court of Peoria county; the Hon. N. E. Worthington, Judge, presiding. Heard in this court at the October term, 1910.

1Opinion of the CourtJustice Thompson

Appellee contends that because the state of Illinois by an Act of the Legislature passed in 1831, authorized the State Canal Commissioners “to cause its engineer to examine the Illinois river from the mouth of the Fox river to the head of steamboat navigation and if in their opinion the navigation of the Illinois river can be improved by dams or locks or otherwise, so as to secure its navigability as far as the mouth of Fox river -with as little expense and as much utility as canaling from Fox river to the Vermilion to the foot of the rapids, they shall have the right to terminate said canal…

2Cases cited21 opinions

  1. Willamette Iron Bridge Co. v. HatchSupreme Court of the United States · 1888
  2. Union Pacific Railroad v. HallSupreme Court of the United States · 1876
  3. City of Georgetown v. THE ALEXANDRIA CANAL COMPANY, &C.Supreme Court of the United States · 1838
  4. Rude v. City of St. LouisSupreme Court of Missouri · 1887
  5. City of East St. Louis v. O'FlynnIllinois Supreme Court · 1887

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3Cited by2 opinions

  1. People Ex Rel. Scott v. JansonAppellate Court of Illinois · 1973
  2. People Ex Rel. Scott v. JansonAppellate Court of Illinois · 1973

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