Chicago & Eastern Illinois Railroad v. Tilton

A petition for re-hearing has been filed in this case [26 Ill. App. 362,] in which it is insisted that the reasons given in the opinion filed in this cause for condemning the eighth of appellant’s instructions apply with equal force to the first and second instructions given for appellee; that it is invading the province of the jury as much for the court to tell them as matter of law that “a railroad company has no right to permit or suffer a hedge-row, trees or anything else to grow upon or overhang its right of way to such a height as to materially obstruct the view of a highway or street…