Legal Opinion

Chicago & Eastern Illinois Railroad v. Hay

Illinois Supreme Court

Decided January 25, 1887PublishedCited by 20 opinions

Appeal from the Circuit Court of Iroquois county; the Hon. Alfred Sample, Judge, presiding. The original bill in equity in this ease, filed July 21,1884, by the Chicago and Eastern Illinois Railroad Company, set forth that that company and its predecessors had been, for about thirteen years, in the use of, for the operation of its railroad, a strip of land, one hundred feet in width, across the north-east quarter of the south-east quarter of section 28, township 29, north of…

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Appeal from the Circuit Court of Iroquois county; the Hon. Alfred Sample, Judge, presiding. The original bill in equity in this ease, filed July 21,1884, by the Chicago and Eastern Illinois Railroad Company, set forth that that company and its predecessors had been, for about thirteen years, in the use of, for the operation of its railroad, a strip of land, one hundred feet in width, across the north-east quarter of the south-east quarter of section 28, township 29, north of range 12, west of the second principal meridian, in Iroquois county, in this State,—said strip lying along the west…

1Opinion of the Court

Mr. .Justice Sheldon

delivered the opinion of the Court:

It appears from the evidence that the Chicago, Danville and Vincennes Railroad Company had, in the fall of 1870, in the construction of its line of railroad from the city of Chicago, reached the county of Iroquois; that it had built its track and was operating its road to a point in that county about three-fourths of a mile north of the property in controversy in this ease, where it had established a temporary station, and that it had graded its road over the quarter-section of land mentioned in the pleadings; that one Alexander D. Hay…

2Cases cited2 opinions

  1. Oliver v. PiattSupreme Court of the United States · 1845
  2. Vennum v. DavisIllinois Supreme Court · 1864

3Cited by20 opinions

  1. Dennis v. Northern Pacific Railway Co.Washington Supreme Court · 1898
  2. Ellis v. WardIllinois Supreme Court · 1890
  3. Reynolds v. SumnerIllinois Supreme Court · 1888
  4. Auer v. Wm. Meyer Co.Appellate Court of Illinois · 1944
  5. Lewis v. HersheyIndiana Court of Appeals · 1910

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