Town of O'Fallon v. Ohio & Mississippi Railway Co.
Appellate Court of Illinois
Appeal from the Circuit Court of St. Clair County; the Hon. Benjamin B. Burroughs, Judge, presiding. The appellant, by its highway commissioners, brought suit against the appellee to recover the sum of $129.87 on the following state of facts: The appellee’s road was constructed in the year 1854 through the town of O’Fallon. It crossed over a public highway, at the time, by a trestle that spanned a portion of the bottom lands of Silver creek.
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Appeal from the Circuit Court of St. Clair County; the Hon. Benjamin B. Burroughs, Judge, presiding. The appellant, by its highway commissioners, brought suit against the appellee to recover the sum of $129.87 on the following state of facts: The appellee’s road was constructed in the year 1854 through the town of O’Fallon. It crossed over a public highway, at the time, by a trestle that spanned a portion of the bottom lands of Silver creek. The bed of the highway had to be raised afterward but not on account of the construction of the railroad. There not being sufficient room left to go…
1Opinion of the CourtJustice Sample
On the foregoing state of facts, on trial before the court, judgment was rendered in favor of the railroad company, to which appellant excepted and brings the case to this court by appeal, and assigns for error that the judgment is against the -law and the evidence. The appellant relies upon paragraph 71 or Sec. 8, Chap. 114, E. S. 1889, and those immediately following on the same subject, and also apparently upon the common law liability of appellee, as announced by the Supreme Court in the case of The People, etc. v. C. & A. R. R. Co., 67 Ill. 118. The paragraph referred to is: “ Hereafter,…
2Cases cited8 opinions
- People ex rel. City of Bloomington v. Chicago & Alton RailroadIllinois Supreme Court · 1873
- City of Detroit v. HosmerMichigan Supreme Court · 1890
- Illinois Central Railroad v. WillenborgIllinois Supreme Court · 1886
- State ex rel. Lancaster County v. C., B. & Q. R.Nebraska Supreme Court · 1890
- Burnside v. . WhitneyNew York Court of Appeals · 1860
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Seal v. BanesSupreme Court of Oklahoma · 1934
- City of Indianapolis v. Indianapolis Water Co.Indiana Supreme Court · 1916
- Smith v. D. R. G., Inc.Appellate Court of Illinois · 1975
- Tuscaloosa County v. Alabama Great Southern R. Co.Supreme Court of Alabama · 1933
- Chicago, Rock Island & Pacific Railway Co. v. PeopleSupreme Court of Colorado · 1920
2 more not listed; retrieve them via the Exa API.