Atchison, Topeka & Santa Fe Ry. Co. v. Jones
Appellate Court of Illinois
Trespass on the Case, for damages to land by flooding. Appeal from the Circuit Court of Marshall County; the Hon. Leslie D. Puteebaugh, Judge presiding. Heard in this court at the April term, 1903.
1Opinion of the CourtJustice Farmer
We will first notice the proposition of defendants, that no recovery can be had as to the lands in section 35, because, it is claimed, the plaintiff had settled a former suit brought against some of the same defendants for the same injuries complained of in this suit, and received payment therefor.
It appears from the evidence that about the time, or soon after, the channel was cut in 1895 it overflowed and spread over plaintiff’s land. On December 30,1895, plaintiff commenced a suit against the Chicago, Santa Fe and California Railway Company, the Atchison, Topeka and Santa Fq Railroad…
2Cases cited18 opinions
- Chicago & Eastern Illinois Railroad v. LoebIllinois Supreme Court · 1884
- Ohio & Mississippi Railway Co. v. WachterIllinois Supreme Court · 1888
- Chicago, Rock Island & Pacific Railway Co. v. SmithIllinois Supreme Court · 1884
- Van Pelt v. City of DavenportSupreme Court of Iowa · 1875
- Barger v. HobbsIllinois Supreme Court · 1873
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3Cited by8 opinions
- Schiro v. Oriental Realty Co.Wisconsin Supreme Court · 1956
- Smith v. City of Los AngelesCalifornia Court of Appeal · 1944
- Menolascino v. Superior Felt & Bedding Co.Appellate Court of Illinois · 1942
- Atterbury v. Chicago, Indianapolis & St. Louis Short Line Railway Co.Appellate Court of Illinois · 1907
- Jenkins v. StephensUtah Supreme Court · 1927
3 more not listed; retrieve them via the Exa API.