Illinois Central Railroad v. Hopkins County

WILLIAMS, Judge.

Hopkins County instituted an action against Illinois Central Railroad Company and Dawson Collieries, Inc., in the Hopkins Circuit Court. The action against Dawson Collieries, Inc., was dismissed, but Illinois Central Railroad Company was directed to construct approaches and a crossing over its right of way at the point where the Union Temple-Dawson Springs Road intersects the railroad. Appeal from that portion of the judgment is taken by Illinois Central Railroad Company.

The primary question involves the right of Hopkins County to maintain this action. The appellant insists…