Legal Opinion

Chicago, B. & Q. Ry. Co. v. Presbrey

Appellate Court of Illinois

Decided November 15, 1901PublishedCited by 3 opinions

Trespass on the Case. — Damages by the construction of a switch. Appeal from the Circuit Court of Whiteside County; the Hon. Frank D. Ramsay, Judge, presiding. Heard in this court at the October term, 1901.

1Opinion of the CourtJustice Brown

This was an action on the case by appellee against appellant to recover damages to real estate.

Appellee owned and occupied a residence in the city of Bock Falls. Appellant constructed and operated a switch track on Park street in said city along the east side of appellee’s premises and in such close proximity thereto and in such a manner as to impair, if not destroy, the access to the premises from said street.

The trial resulted in a verdict and judgment in favor of appellee for $550. It is not contended that 'there was any error in giving, refusing or modifying instructions, or that the jury…

2Cited by3 opinions

  1. Slayden-Kirksey Woolen Mills v. SpringAppellate Court of Illinois · 1904
  2. McKinnie v. LaneAppellate Court of Illinois · 1907
  3. Stein v. Schwartz-Durkin Co.Appellate Court of Illinois · 1911

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