Chicago, Rock Island & Pacific Railroad v. Moffitt
Illinois Supreme Court
Appeal from the Circuit Court of Stark county; the Hon. H. B. Hopkins, Judge, presiding. The Peoria & Bureau Valley Railroad Company was empowered by its charter to construct its road across any streams of water its route might intersect, but was required to restore such streams so crossed to their former state, or in a sufficient manner not materially to impair their usefulness. Its line was from the city of Peoria to Bureau Junction.
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Appeal from the Circuit Court of Stark county; the Hon. H. B. Hopkins, Judge, presiding. The Peoria & Bureau Valley Railroad Company was empowered by its charter to construct its road across any streams of water its route might intersect, but was required to restore such streams so crossed to their former state, or in a sufficient manner not materially to impair their usefulness. Its line was from the city of Peoria to Bureau Junction. It intersected a stream called the Snatchwine — not navigable, but one of great volume of water at times. A bridge was necessary. One was built by that…
1Opinion of the CourtJustice McAllistee
The appellant was formed by the amalgamation of the Peoria & Bureau Valley Eailroad Company and the Chicago & Bock Island Eailroad Company. A material question arises, whether the provision in the charter of the first named corporation, respecting the crossing of streams and the requirement to
restore them to their former state, or in sufficient manner not to materially impair their usefulness, applies to the water course in question, it not being a navigable stream.
Appellant’s counsel insist that it has no application to any but navigable streams. The language employed would seem to warrant…
2Cases cited1 opinion
- Brown v. . the Cayuga and Susquehanna Railroad Co.New York Court of Appeals · 1855
3Cited by34 opinions
- 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
- Berry v. Kansas CitySupreme Court of Kansas · 1894
- Dyer County v. RailroadTennessee Supreme Court · 1889
- American Tobacco Co. v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1912
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