Joliet & Northern Indiana Railroad v. Jones
Illinois Supreme Court
This was a suit in case brought by appellee against appellant, in Will Circuit Court, and tried at the May term, A. D. 1857. Verdict for plaintiff, $231.50. The declaration contains but one count.
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This was a suit in case brought by appellee against appellant, in Will Circuit Court, and tried at the May term, A. D. 1857. Verdict for plaintiff, $231.50. The declaration contains but one count. It first recites that defendant, “ under and by the corporate name of the Oswego and Indiana Plank Road Company,” on the 13th October, 1853, being about to construct a railroad from Joliet to State Line, applied to plaintiff for right of way across his land, being E. half N. E. qr. section 14, township 35 N., range 10 E., in Will county; that plaintiff, in consideration, among other things, that…
1Opinion of the CourtBreese, J.
The right to maintain this action by Jones against this Railroad Company, is established by the case of Conger v. The Chicago and Rock Island Railroad, Company, 15 Ill. R. 366, a case, in its legal aspect, identical with this. The errors assigned in this record are, in refusing the second instruction asked for by the defendants below, the appellants here, to the effect that “ it was incumbent on the plaintiff below to prove the identity of the Joliet and Northern Indiana Railroad Company with the Oswego and Indiana Plankroad Company, with which the contract sued on was made; ” in refusing to…
2Cited by5 opinions
- Alvis v. RibarIllinois Supreme Court · 1981
- Terre Haute & Indianapolis R. R. Co. v. McCordAppellate Court of Illinois · 1894
- Alvis v. RibarIllinois Supreme Court · 1981
- Hale v. DanforthWisconsin Supreme Court · 1879
- Stark v. HillMissouri Court of Appeals · 1888