People ex rel. Lyman v. Ohio & Mississippi Railroad
Appellate Court of Illinois
In error to the Circuit Court of' Sangamon County; the ’ Hon. James A. Creighton, Judge, presiding. Statement of the case, by Conger, J. The plaintiff in error assigns as error the judgment of the Circuit Court in sustaining the demurrer to his petition and dismissing the same.
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In error to the Circuit Court of' Sangamon County; the ’ Hon. James A. Creighton, Judge, presiding. Statement of the case, by Conger, J. The plaintiff in error assigns as error the judgment of the Circuit Court in sustaining the demurrer to his petition and dismissing the same. The petition sets forth in substance that the O. & M. Bailroad Company some years since constructed their railroad through relator’s farm, leaving part on each side of the right of way; that he never waived nor compromised with the railroad its duty to construct fences along its sides where they pass through his farm;…
1Opinion of the CourtConger, J.
The question presented by this record is, whether a railroad company, under the circumstances stated in the petition, and the laws of Illinois, in reference to fencing railroads, may build the fence required, anywhere except on the line between its right of way and the adjoining owner’s land.
The portion of the section involved is: “ That every railroad corporation shall, within six months after any part of its line is open for use, erect and thereafter maintain fences on both sides of its road, or so much thereof as is open for use, suitable and sufficient to prevent cattle, horses, sheep,…
2Cited by1 opinion
- Gould v. Great Northern Railway Co.Supreme Court of Minnesota · 1895