St. Louis, Vandalia & Terre Haute Railroad v. Capps
Illinois Supreme Court
Appeal from the Circuit Court of Fayette county; the Hon. A. J. Gallagher, Judge, presiding. This was an action on the ease, by Ebenezer Capps against the St. Louis, Vandalia and Terre Haute Eailroad Company, to recover damages claimed by the construction of the defendant’s road in a public street in the town of Vandalia, in front and along the plaintiff’s lots and place of business. The plaintiff recovered, and the defendant appealed to this court.
Read the full summary
Appeal from the Circuit Court of Fayette county; the Hon. A. J. Gallagher, Judge, presiding. This was an action on the ease, by Ebenezer Capps against the St. Louis, Vandalia and Terre Haute Eailroad Company, to recover damages claimed by the construction of the defendant’s road in a public street in the town of Vandalia, in front and along the plaintiff’s lots and place of business. The plaintiff recovered, and the defendant appealed to this court. The facts are fully stated in the opinion.
1Opinion of the CourtJustice Breese
Appellants are a corporation, created by an act of the general assembly of this State, conferring upon them the usual powers and privileges. The tenth section of their charter makes it lawful for the corporate authorities of any incorporated city or town through which their railroad shall be located, to grant or lease to the company, as a right of way, the right to lay a single or double track through such city or incorporated town, or highway that the railroad may select for that purpose; such lease or permit to be unchangeable and perpetual, except at the option of the railroad company.
The…
2Cases cited1 opinion
- Moses v. Pittsburgh, Fort Wayne & Chicago RailroadIllinois Supreme Court · 1859
3Cited by16 opinions
- Ranck v. City of Cedar RapidsSupreme Court of Iowa · 1907
- Blincoe v. Choctaw, Oklahoma & Western RailroadSupreme Court of Oklahoma · 1905
- Chicago Flour Co. v. City of ChicagoIllinois Supreme Court · 1909
- Chicago, Milwaukee & St. Paul Railway Co. v. HockIllinois Supreme Court · 1886
- Braun v. Metropolitan West Side Elevated RailroadIllinois Supreme Court · 1896
11 more not listed; retrieve them via the Exa API.