Chicago, Rock Island & Pacific Railway Co. v. Smith
Illinois Supreme Court
Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Superior Court of Cook county; the Hon. Elliott Anthony, Judge, presiding. This was an action on the case, brought by Oliver N. Smith, against the Chicago, Bock Island and Paeiñc Bailway Company, to recover for damages from the operation of its railroad.
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Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Superior Court of Cook county; the Hon. Elliott Anthony, Judge, presiding. This was an action on the case, brought by Oliver N. Smith, against the Chicago, Bock Island and Paeiñc Bailway Company, to recover for damages from the operation of its railroad. The declaration avers that the plaintiff is the owner in fee of lot 10, of Tillotson’s subdivision of that part of lot 11 lying west of the Chicago and Bock Island railroad; that the premises were of the value of $5000, and used by plaintiff as a…
1Opinion of the CourtJustice Sheldon
For the determination of this case we find that we need but to consider the one question of the effect of the deed of Burcky, made by him to the railroad company, although other questions have been urged before us.
The right of way upon which the railroad tracks in question are laid, was granted through lot 11, containing twenty acres,' by Burcky, the then owner of the whole of the lot, for the purpose of constructing a railroad upon it, and to be held and enjoyed forever, for' all the uses and purposes in any way connected with the construction, preservation, occupation and enjoyment of the…
2Cases cited3 opinions
- Matter of City of BuffaloNew York Court of Appeals · 1877
- Chicago & Alton Railroad v. Springfield & Northwestern RailroadIllinois Supreme Court · 1873
- Norris v. Vermont Central RailroadSupreme Court of Vermont · 1855
3Cited by40 opinions
- Watts v. Norfolk & W. R.West Virginia Supreme Court · 1894
- Threlkeld v. InglettIllinois Supreme Court · 1919
- Wylie v. ElwoodIllinois Supreme Court · 1890
- White v. Chicago, St. Louis & Pittsburgh RailroadIndiana Supreme Court · 1890
- Fremont, Elkhorn & Missouri Valley Railroad v. HarlinNebraska Supreme Court · 1897
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