Champlin v. Morgan
Illinois Supreme Court
The conflict before the jury in this case resulted from the fact that two highways crossed the land of the plaintiff in error, one a State and the other a county road. Both of these roads were laid out upon or near the same line. Owing to some inconveniences or-obstructions in the laid out lines of road, the travel had been diverted, and had taken a different route across the close of the plaintiff than that indicated by the surveys.
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The conflict before the jury in this case resulted from the fact that two highways crossed the land of the plaintiff in error, one a State and the other a county road. Both of these roads were laid out upon or near the same line. Owing to some inconveniences or-obstructions in the laid out lines of road, the travel had been diverted, and had taken a different route across the close of the plaintiff than that indicated by the surveys. It was insisted that public labor had been employed upon the surveyed line of road at different points, to make it convenient for public use, until the year…
1Opinion of the CourtBreese, J.
This was an action of trespass quare clausmi fregit, brought by Champlin against Rees, to which the defendant pleaded, among other things, that the locus in quo was a common or public highway, across which the plaintiff had erected a fence, and that he removed the rails, etc., as he had a right to do. It was admitted by the parties that he did break and enter, but that, in doing so, he did not go off the surveyed line of the road mentioned in his plea, and that he did no unnecessary damage.
The- question before the jury was as to the locus intquo being a public highway, and they found the…
2Cited by9 opinions
- People v. DexterAppellate Court of Illinois · 2002
- Brockhausen v. BochlandIllinois Supreme Court · 1891
- Taylor v. PearceIllinois Supreme Court · 1899
- City of Topeka v. RussamSupreme Court of Kansas · 1883
- Rodgers v. HessIllinois Supreme Court · 1927
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