Chicago, Burlington & Quincy Railway Co. v. People ex rel. Grimwood
Illinois Supreme Court
Appeal from the Circuit Court of Kendall county; the Hon. George W. Brown, Judge, presiding. Appellees, the drainage commissioners of drainage district No. 1 of the town of Bristol, Kendall county, filed their petition for a writ of mandamus directed to appellant, requiring appellant to construct, enlarge, deepen and widen the waterwáy over and across the right of way of appellant, and to construct a railroad bridge across the waterway so widened and deepened along…
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Appeal from the Circuit Court of Kendall county; the Hon. George W. Brown, Judge, presiding. Appellees, the drainage commissioners of drainage district No. 1 of the town of Bristol, Kendall county, filed their petition for a writ of mandamus directed to appellant, requiring appellant to construct, enlarge, deepen and widen the waterwáy over and across the right of way of appellant, and to construct a railroad bridge across the waterway so widened and deepened along appellant’s railroad. Appellant demurred to the petition. The demurrer was overruled and appellant elected to stand by its…
1Opinion of the Court
Mr. Chibe Justice Ricks
delivered the opinion of the court:
Of the grounds relied upon by appellees to sustain the writ awarded, are, inter alia, sections 4034 of the Farm Drainage act and section 56 of the Levee act.
Section 40JÍ of the Farm Drainage act is as follows: “The commissioners shall have the power and are required to make all necessary bridges and culverts along or across any public highway or railroad which may be deemed necessary for the use or protection of the work, and the cost of the same shall be paid out of the road and bridge tax, or by the railroad company as the case may…
2Cases cited12 opinions
- Ligare v. City of ChicagoIllinois Supreme Court · 1891
- Chicago & Northwestern Railway Co. v. City of ChicagoIllinois Supreme Court · 1892
- State ex rel. City of Minneapolis v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1886
- Ohio & Mississippi Railway Co. v. ThillmanIllinois Supreme Court · 1892
- Kankakee & Seneca Railroad v. HoranIllinois Supreme Court · 1890
7 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Gray v. Reclamation District No. 1500California Supreme Court · 1917
- Chicago & Erie Railroad v. LuddingtonIndiana Supreme Court · 1910
- Chicago, R. I. & G. Ry. Co. v. Tarrant County Water Control & Improvement Dist. No. 1Texas Supreme Court · 1934
- Mauvaisterre Drainage & Levee District v. Wabash Railway Co.Illinois Supreme Court · 1921
- Drainage Commissioners of Drainage District No. 2 v. KinneyIllinois Supreme Court · 1908
33 more not listed; retrieve them via the Exa API.