Illinois Central Railroad v. Mills
Illinois Supreme Court
Writ of Error to the Circuit Court of the county of Marion; the Hon. Silas L. Bryan, Judge, presiding. This was an action of trespass on the case, brought by Hrial Mills, in the Marion Circuit Court, against the Illinois Central Railway Company. The first count of the declaration averred that the company owned a railroad, and a right of way one hundred feet wide adjoining a meadow in which plaintiff had a large quantity of hay.
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Writ of Error to the Circuit Court of the county of Marion; the Hon. Silas L. Bryan, Judge, presiding. This was an action of trespass on the case, brought by Hrial Mills, in the Marion Circuit Court, against the Illinois Central Railway Company. The first count of the declaration averred that the company owned a railroad, and a right of way one hundred feet wide adjoining a meadow in which plaintiff had a large quantity of hay. That the company suffered their right of way to be covered with dry grass and weeds; and in operating their road with an engine and train of cars, through their…
1Opinion of the CourtChief Justice Walker
The first error assigned is not well taken. It asks a reversal for want of proof that plaintiffs in error were the owners of the road. It was proved that they had used and operated the road for a number of years; and the possession of property is prima facie evidence of ownership. It is true, that mere possession is not a high grade of evidence, but, until rebutted, it is proof of ownership. In this case, when the company were found to be using the road, and had been for years, and had been and still were exercising the rights and franchises of a corporation, it may be doubted whether they…
2Cases cited1 opinion
- Bass v. Chicago, Burlington & Quincy RailroadIllinois Supreme Court · 1862
3Cited by29 opinions
- Illinois Central Railroad v. SilerIllinois Supreme Court · 1907
- Atchison, Topeka & Santa Fe Rld. v. StanfordSupreme Court of Kansas · 1874
- Spaulding v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1872
- Louisville & Nashville Railroad v. ReeseSupreme Court of Alabama · 1888
- Anderson v. Oregon RailroadOregon Supreme Court · 1904
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