Illinois Central Railroad v. Trowbridge

The facts necessary to an understanding of this case are as follows:

In October, 1887, and for some years prior thereto, appellant had a line of railroad extending bast and west through the county of DeWitt, known as the “ Champaign and Havana Line.” When this line was constructed, by the license and permission of the highway authorities, a part of its road-bed was placed along, in and on the south side of a public highway, commencing at a point about three miles west of the city of Clinton in said De Witt county, and extending westward about one and one-half miles, which has been used since…