Kankakee & Seneca Railroad v. Horan
Appellate Court of Illinois
Appeal from the Circuit Court of Grundy County; the Hon. Geokge W. Stipp, Judge, presiding. This is the same ease that was here at the May term, 1885, and at that time the judgment was reversed and the canse remanded for a new trial for reasons stated in that opinion, 17 Ill. App. 650. [See also, K. & S. R. R. Co. v. Horan, 22 Ill.
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Appeal from the Circuit Court of Grundy County; the Hon. Geokge W. Stipp, Judge, presiding. This is the same ease that was here at the May term, 1885, and at that time the judgment was reversed and the canse remanded for a new trial for reasons stated in that opinion, 17 Ill. App. 650. [See also, K. & S. R. R. Co. v. Horan, 22 Ill. App. 145.] Tlie appellee is the tenant of his father, Owen Iloran, and snes to recover damages for injury to his crops, and possession of the premises which he occupied as the tenant of his father, on the account of the appellants’ wrongfully turning ■a stream of…
1Opinion of the CourtLacey, J.
Almost immediately after the completion of the railroad, the appellant, the Cincinnati, Indianapolis, St. Louis & Chicago Railroad Company, admittedly took possession of the railroad, and has operated it from that time to this. It is substantially argued by both the appellants and appellee that both companies would be liable from the time the latter named company commenced operating the road, for all damages that might be done to appellee’s crops by reason of insufficient embankments and openings, causing the water to flow into appellee’s land. In other words, that both would be liable for…
Also in this document: Per curiam.
2Cases cited4 opinions
- Chicago, Rock Island & Pacific Railway Co. v. SmithIllinois Supreme Court · 1884
- Toledo, Wabash & Western Railway Co. v. MorrisonIllinois Supreme Court · 1874
- Jacksonville, Northwestern & Southeastern Railroad v. CoxIllinois Supreme Court · 1878
- Kankakee & Seneca Railroad v. HoranAppellate Court of Illinois · 1886
3Cited by3 opinions
- Yazoo & M. V. R. v. SultanMississippi Supreme Court · 1913
- Buckalew v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1904
- Kankakee & Seneca Railroad v. HoranAppellate Court of Illinois · 1889