Legal Opinion

Town of Rutland v. Chicago & Northwestern Ry. Co.

Appellate Court of Illinois

Decided September 20, 1897PublishedCited by 1 opinion

Assumpsit, against a railroad company for money expended in building a bridge. Appeal from the Circuit Court of Knox County; the Hon. Henry B. Willis, Judge, presiding.

1Opinion of the Court

Mb. Pbesiding Justice Cbabtbee

deliyebed the opinion OF THE CoUBT.

Appellant sued appellee, to recover for a part of the costs incurred in rebuilding a bridge over Tyler creek, in Kane county, at a point on the highway leading over, and near to, the railway track of appellee in said town of Rutland. The declaration, as originally filed, declared upon a contract alleged to have been made between appellee and appellant to jointly maintain the bridge in question. By an amended declaration subsequently filed, the theory of liability under a contract was abandoned, and appellant set up the statutory…

2Cases cited3 opinions

  1. City of Bloomington v. Illinois Central RailroadIllinois Supreme Court · 1895
  2. Ohio & Mississippi Ry. Co. v. Town of BridgeportAppellate Court of Illinois · 1896
  3. Ohio & Mississippi Railway Co. v. Town of BridgeportAppellate Court of Illinois · 1892

3Cited by1 opinion

  1. Gulf, C. & S. F. Ry. Co. v. WoodsCourt of Appeals of Texas · 1924

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