Illinois Central Railroad v. Commissioners of Highways of Mattoon
Illinois Supreme Court
Writ of Error to the Circuit Court of Coles county; the Hon. Ferdinand Bookwalter, Judge, presiding. This suit was brought by the commissioners of highways of the town of Mattoon, against, the defendant in error, the Illinois Central Railroad Company. A jury was waived and the cause submitted to the Coles circuit court upon an agreed state of facts. There were rulings of the court upon various propositions of law submitted to it.
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Writ of Error to the Circuit Court of Coles county; the Hon. Ferdinand Bookwalter, Judge, presiding. This suit was brought by the commissioners of highways of the town of Mattoon, against, the defendant in error, the Illinois Central Railroad Company. A jury was waived and the cause submitted to the Coles circuit court upon an agreed state of facts. There were rulings of the court upon various propositions of law submitted to it. Judgment was rendered in favor of the highway commissioners and against the railroad company for $37.74 and costs. The agreed facts in the case are as follows: In…
1Opinion of the CourtJustice Baker
We think the material inquiry is as to the existence of a public highway crossing at the place in question. The land was a part of the right of way of the railroad company, and had been in its possession and control since 1855, and it had operated and was operating its railroad thereon.
It is provided in the State constitution (art. 2, sec. 13,) that private property shall not be taken or damaged for public use without just compensation, and that such compensation, when not made by the State, shall be ascertained by a jury, as shall be prescribed by law. “Property,” in the sense in which that…
2Cases cited8 opinions
- Rigney v. City of ChicagoIllinois Supreme Court · 1881
- Chicago & Northwestern Railway Co. v. City of ChicagoIllinois Supreme Court · 1892
- Chicago, Burlington & Quincy Railroad v. City of ChicagoIllinois Supreme Court · 1894
- Lake Shore & Michigan Southern Railway Co. v. Chicago & Western Indiana RailroadIllinois Supreme Court · 1881
- Chicago & Northwestern Railway Co. v. Town of CiceroIllinois Supreme Court · 1895
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- St. Louis S. F. R. Co. v. LoveSupreme Court of Oklahoma · 1911
- Illinois Central Railroad v. StateMississippi Supreme Court · 1909
- Pearce v. Illinois Central Gulf RailroadAppellate Court of Illinois · 1980
- Chicago, Burlington & Quincy Railroad v. City of NapervilleIllinois Supreme Court · 1897
- People ex rel. Drainage Commissioners of Union District No. 2 v. Chicago & Eastern Illinois Railway Co.Appellate Court of Illinois · 1930
4 more not listed; retrieve them via the Exa API.