Alton & Sangamon Railroad v. Baugh
Illinois Supreme Court
This cause was heard before T. L. Dickey,' Judge, at August term, 1852, of the Sangamon Circuit Court. This was an appeal to the Sangamon circuit court, from an assessment of damages for the company’s right of way over Baugh’s land. In the circuit court, the jury returned a verdict in favor of Baugh-for-§480, on which the court rendered judgment, and from which the railroad company appealed.
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This cause was heard before T. L. Dickey,' Judge, at August term, 1852, of the Sangamon Circuit Court. This was an appeal to the Sangamon circuit court, from an assessment of damages for the company’s right of way over Baugh’s land. In the circuit court, the jury returned a verdict in favor of Baugh-for-§480, on which the court rendered judgment, and from which the railroad company appealed. The only question made in this court, arises on the bill of exceptions taken at the trial, which is in the words and figures following, to wit: — Be it remembered, that in the trial of this cause, on the…
1Opinion of the CourtThumbull, J.
This case involves two propositions. First, whether after the assessment and payment of damages by the railroad company for the right of way across a person’s land, such company is bound to make fences for the owner on either side of the road; and secondly, whether the owner has authority, without the company’s consent, to make cattle guards across or under the road.
We know of no principle of the common law, and there is certainly no statute which compels one person or corporation to fence the land of another. It was never supposed, when a public highway was laid out, that the owners of lands…
2Cited by3 opinions
- St. L., I. M. & S. Ry. v. WalbrinkSupreme Court of Arkansas · 1886
- Miller v. Chicago & Northwestern Railway Co.Illinois Supreme Court · 1932
- St. Louis, Vandalia & Terre Haute Railroad v. MolletIllinois Supreme Court · 1871