Cleveland, C., C. & St. L. Ry. Co. v. Capoot
Appellate Court of Illinois
Trespass on the Case, against a railroad for a failure to fence its track. Appeal from the Circuit Court of Wabash County; the Hon. Silas Z. Landes, Judge, presiding.
1Opinion of the Court
Hr. Justice Scofield
delivered the opinion of the Court.
Appellant’s track runs north and. south on the west side of Allendale, an unincorporated village having a population of nearly 500, and Hill and Oak streets, which are 315 feet apart, run east and west across the track. The right of way between these two streets is not fenced on either side.
There is a strip of unoccupied ground ten feet in width on the east side of the right of way, and east of and adjacent to this strip is Railroad street, which is thirty feet wide and runs north and south, connecting with Oak and Hill streets at its…
2Cases cited4 opinions
- Chicago, Burlington & Quincy Railroad v. HansIllinois Supreme Court · 1884
- Indiana, Bloomington & Western Railway Co. v. Leak.Indiana Supreme Court · 1883
- Illinois Central Railroad v. TrowbridgeAppellate Court of Illinois · 1889
- Cleveland, C., C. & St. L. R. Co. v. UmphenourAppellate Court of Illinois · 1895