Legal Opinion

Chicago, St. Paul & Fond du Lac Railroad v. McCarthy

Illinois Supreme Court

Decided April 15, 1858PublishedCited by 25 opinions

This was an action of case, commenced by defendant in error against plaintiff in error, in McHenry Circuit Court. The following declaration was filed: For that whereas the said defendants, on the first day of August, 1856, under and by virtue of their act of incorporation, claimed to have the right to enter upon the close and farm of said plaintiff, situate in the town of Hartland, in the county of McHenry aforesaid, and construct and build their railroad track over and…

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This was an action of case, commenced by defendant in error against plaintiff in error, in McHenry Circuit Court. The following declaration was filed: For that whereas the said defendants, on the first day of August, 1856, under and by virtue of their act of incorporation, claimed to have the right to enter upon the close and farm of said plaintiff, situate in the town of Hartland, in the county of McHenry aforesaid, and construct and build their railroad track over and across the said close and farm of the said plaintiff as aforesaid; and the plaintiff avers' that the said defendants, on the…

1Opinion of the CourtBreese, J.

The evidence discloses a case of great negligence on the part of the contractors of this company, on whom the responsibility is attempted to be shifted.

To railroad companies are granted extraordinary privileges, and they must be held so to exercise them as to do the least possible amount of injury to others. The maxim, “ sic utere tuo ut alienum non Icedas,” well applies.

The contractors are the servants of the company, and authorized by law, being such servants, to enter upon the defendant’s land and take down his fences, if necessary; but the company must be responsible, for the consequences…

2Cases cited1 opinion

  1. Hinde v. Wabash Navigation Co.Illinois Supreme Court · 1853

3Cited by25 opinions

  1. Denver & R. G. R. v. RodderCourt of Appeals for the Ninth Circuit · 1900
  2. North Chicago Street Railroad v. DudgeonIllinois Supreme Court · 1900
  3. East Line & Red River Railway Co. v. CulbersonTexas Supreme Court · 1888
  4. Scammon v. City of ChicagoIllinois Supreme Court · 1861
  5. Georgia Railroad & Banking Co. v. HaasSupreme Court of Georgia · 1906

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