Golconda Northern Railway v. Gulf Lines Connecting Railroad
Illinois Supreme Court
Appeal from the Circuit Court of Pope county; the Hon. W. W. Duncan, Judge, presiding. This case is a controversy between two railroad companies about the possession of a parcel of ground and the right to occupy it for the construction and operation of a railroad thereon. The ground is a narrow pass north of Golconda, in Pope county, which extends along the Ohio . river between the river on one side and high rocky bluffs on the other.
Read the full summary
Appeal from the Circuit Court of Pope county; the Hon. W. W. Duncan, Judge, presiding. This case is a controversy between two railroad companies about the possession of a parcel of ground and the right to occupy it for the construction and operation of a railroad thereon. The ground is a narrow pass north of Golconda, in Pope county, which extends along the Ohio . river between the river on one side and high rocky bluffs on the other. Each company claims the exclusive right to build a railroad through this pass, and on February 6, 1913, the Golconda Northern Railway, claiming to be in…
1Opinion of the CourtJustice Dunn
Counsel for the appellant advance three propositions as the basis of their claim that the decree should be reversed, viz.: First, that the appellant was in possession of the pass and the appellee entered upon and invaded its possession; second, that the appellant made the first location of its lines through the pass; and third, that it has the better title. We do not agree with any one of these propositions.
First, as to the possession. Prior to November 25 the appellant had been working on its grade north of the pass and had done some construction work down to the entrance of the pass at the…
2Cases cited22 opinions
- Thomas v. Railroad Co.Supreme Court of the United States · 1880
- National Bank v. WhitneySupreme Court of the United States · 1881
- Fritts v. PalmerSupreme Court of the United States · 1889
- Railroad Co. v. EllermanSupreme Court of the United States · 1882
- Ruch v. Rock IslandSupreme Court of the United States · 1878
17 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- National Bank v. Norfolk & Western Railway Co.Illinois Supreme Court · 1978
- Schnabel v. County of Du PageAppellate Court of Illinois · 1981
- Warner v. FlackIllinois Supreme Court · 1917
- Illinois Central Gulf Railroad v. Department of Local Government AffairsIllinois Supreme Court · 1983
- Avery v. City of ChicagoIllinois Supreme Court · 1931
18 more not listed; retrieve them via the Exa API.