Stone v. Fairbury, Pontiac & Northwestern Railroad
Illinois Supreme Court
Writ of Error to the Circuit Court of Livingston county; the Hon. Charles H. Wood, Judge, presiding. This was an action on the case, by the appellant against the appellee, to recover damages to plaintiff’s property caused by the construction and operation of defendant’s railroad on a public street fronting the same.
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Writ of Error to the Circuit Court of Livingston county; the Hon. Charles H. Wood, Judge, presiding. This was an action on the case, by the appellant against the appellee, to recover damages to plaintiff’s property caused by the construction and operation of defendant’s railroad on a public street fronting the same. The court below sustained a general demurrer to the declaration, and the plaintiff abiding by his declaration, judgment was rendered for the defendant, and the plaintiff brings the record here by writ of error.
1Opinion of the CourtJustice Craig
This was an action of trespass on the case, brought in the circuit court of Livingston county, by John Stone, against the Fairbury, Pontiac and Northwestern Railroad Company.
The declaration contained two counts, to which a demurrer was filed by the defendant and sustained by the court. The plaintiff elected to abide by his declaration, and the court rendered judgment against him for costs.
The plaintiff brings the case here, and the only question for decision is, as to the sufficiency of the declaration.
It is averred in each count of the declaration, substantially, that the plaintiff owns and…
2Cited by21 opinions
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