Ohio & Mississippi Railway Co. v. People ex rel. Lyman
Illinois Supreme Court
Appeal from the Appellate Court for the Third District;— heard in that court on appeal from the Circuit Court of Sangamon county; the Hon. James A. Cbeighton, Judge, presiding.
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Appeal from the Appellate Court for the Third District;— heard in that court on appeal from the Circuit Court of Sangamon county; the Hon. James A. Cbeighton, Judge, presiding. The petition in this ease is for a mandamus, and was exhibited in the name of the People, on the relation of John S. Lyman, against the Ohio and Mississippi Bailway Company, to compel respondent to erect a fence on the south line of its right of way, through lands owned by relator, over and upon which its track is constructed. Omitting the formal parts, the following are the principal allegations contained in the…
1Opinion of the Court
; Mr. Justice Scott
delivered the opinion of the Court:
Section 1 of the act of the General Assembly in relation to “fencing and operating railroads,” in force July 1, 1874, provides “that every railroad corporation shall, within six months after any pai;t of its line is open for use, erect, and thereafter maintain, fences on both sides of its road, or so much thereof as is open for use, suitable and sufficient to prevent cattle, horses, sheep, hogs or other stock from getting on such railroad, etc., with gates or bars at the farm crossings of such railroad, which farm crossings shall be…
2Cases cited3 opinions
- People ex rel. Besse v. Village of CrottyIllinois Supreme Court · 1879
- Lower v. United States Ex RelSupreme Court of the United States · 1876
- Wabash, St. Louis & Pacific Railway Co. v. ZeiglerIllinois Supreme Court · 1883
3Cited by9 opinions
- State ex rel. Wisconsin Telephone Co. v. Janesville Street Railway Co.Wisconsin Supreme Court · 1894
- People ex rel. City of Chicago v. KentIllinois Supreme Court · 1921
- Chicago & South Eastern Railway Co. v. WoodIndiana Court of Appeals · 1903
- Evansville & Indianapolis Railroad v. HuffmanIndiana Court of Appeals · 1904
- Gould v. Great Northern Railway Co.Supreme Court of Minnesota · 1895
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