Conger v. Chicago & Rock Island Railroad
Illinois Supreme Court
This was an action on the case brought by Conger against the railroad company, to recover damages occasioned to his land by the trespassing of cattle thereon, owing to the omission of the company to fence on each side of the right of way granted to the company. A demurrer was filed to the declaration, which was sustained in the circuit court, by Leland, Judge, at the March term, 1854, of the Bureau Circuit Court.
1Opinion of the CourtCaton, J.
The plaintiff granted by deed to the railroad company the right of way across his premises, upon condition that they should fence the road. The deed was accepted by the company, who took possession of the way granted, and constructed and used the road thereon, but neglected to build the fence according to the condition in the deed, within a reasonable time, whereby the plaintiff has sustained damages, for which this action on the case is brought. To the declaration showing these facts, a demurrer was sustained, which is the decision now complained of. We are well satisfied the court erred in…
2Cited by4 opinions
- Chicago & Atlantic Railway Co. v. BarnesIndiana Supreme Court · 1888
- Kankakee & South Western Railroad v. FitzgeraldAppellate Court of Illinois · 1885
- Indianapolis Northern Traction Co. v. HarbaughIndiana Court of Appeals · 1906
- Cleveland, C., C. & St. L. Ry. Co. v. JenkinsAppellate Court of Illinois · 1897