Heffner v. Cass & Morgan Counties
Illinois Supreme Court
Writ of Error to the Circuit Court of Morgan county; the Hon. O. P. Thompson, Judge, presiding. This action of trespass was commenced in the circuit court of Morgan county on May 1,1900, by the defendants in error, Cass and Morgan counties, against the plaintiffs in error, Marius A. Heffner, Thomas Naylor and Louis C. Hackman, to recover damages for the removal of the bridge hereinafter described, constructed over Mud creek, and used and occupied by defendants in error at a…
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Writ of Error to the Circuit Court of Morgan county; the Hon. O. P. Thompson, Judge, presiding. This action of trespass was commenced in the circuit court of Morgan county on May 1,1900, by the defendants in error, Cass and Morgan counties, against the plaintiffs in error, Marius A. Heffner, Thomas Naylor and Louis C. Hackman, to recover damages for the removal of the bridge hereinafter described, constructed over Mud creek, and used and occupied by defendants in error at a point where the said creek is crossed by a public road running from Arenzville, in Cass county, to Meredosia, in Morgan…
1Opinion of the CourtJustice Carter
The only errors alleged necessary to be considered are those assigned on the rulings of the court below in sustaining the demurrer of the plaintiffs below to the defendants’ special pleas, and in giving to the jury certain instructions on behalf of the plaintiffs and in refusing others asked by the defendants. It is not disputed that plaintiffs in error removed the bridge and widened and deepened the creek where the bridge crossed the same, and thereby rendered said bridge useless as a bridge over said creek; but if they did nothing more in the premises than what they were authorized to do by…
2Cases cited4 opinions
- Elmore v. Drainage CommissionersIllinois Supreme Court · 1890
- Wetherell v. DevineIllinois Supreme Court · 1886
- Harris v. Board of SupervisorsIllinois Supreme Court · 1882
- Board of Supervisors v. People ex rel. Commissioners of HighwaysIllinois Supreme Court · 1884
3Cited by22 opinions
- Reclamation District No. 1500 v. Superior CourtCalifornia Supreme Court · 1916
- Bradbury v. Vandalia Levee & Drainage DistrictIllinois Supreme Court · 1908
- State ex rel. City of Omaha v. Board of County CommissionersNebraska Supreme Court · 1922
- Morgan v. SchusselleIllinois Supreme Court · 1907
- People ex rel. Burow v. BlockIllinois Supreme Court · 1916
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