Ohio & Mississippi Railway Co. v. Thillman
Illinois Supreme Court
Appeal from the Appellate Court for the Fourth District;—. heard in that court on appeal from the Circuit Court of St„ Clair county; the Hon. W. H. Snyder, Judge, presiding. This is an action on the case begun on May 2, 1889, in the Circuit Court of St. Clair County by the appellee against the appellant company.
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Appeal from the Appellate Court for the Fourth District;—. heard in that court on appeal from the Circuit Court of St„ Clair county; the Hon. W. H. Snyder, Judge, presiding. This is an action on the case begun on May 2, 1889, in the Circuit Court of St. Clair County by the appellee against the appellant company. The trial below resulted in a verdict and judgment for the plaintiff, and said judgment has been affirmed by the Appellate Court, whence it is brought here for review by appeal. The first count of the declaration avers, that the defendant’s road in the town and near the village of…
1Opinion of the CourtJustice Magruder
The only errors, to which our attention is called, are those alleged to have been committed by the giving of three instructions for the plaintiff. The first two of these instructions are as follows:
“The court instructs the jury, that it is the duty of a railroad company so to construct and maintain its road across streams and natural water-courses which it intersects as to inflict no injury upon adjacent lands.”
“The court further instructs the jury, that this duty is a continuing one, and that each overflow caused by the negligence or want of skill of the company creates a new cause of action…
2Cases cited16 opinions
- Nevins v. City of PeoriaIllinois Supreme Court · 1866
- Ohio & Mississippi Railway Co. v. WachterIllinois Supreme Court · 1888
- Gray v. HarrisMassachusetts Supreme Judicial Court · 1871
- Hatch v. Vermont Central RailroadSupreme Court of Vermont · 1852
- Chicago & Northwestern Railway Co. v. HoagIllinois Supreme Court · 1878
11 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Harvey v. Mason City & Fort Dodge RailroadSupreme Court of Iowa · 1906
- Chicago, Burlington & Quincy Railway Co. v. People ex rel. GrimwoodIllinois Supreme Court · 1904
- Soules v. Northern Pacific Railway Co.North Dakota Supreme Court · 1916
- Jones v. Seaboard Air Line Ry. Co.Supreme Court of South Carolina · 1903
- Gass v. Metro-East Sanitary DistrictAppellate Court of Illinois · 1989
30 more not listed; retrieve them via the Exa API.