Legal Opinion

Illinois Central Railroad v. Allen

Illinois Supreme Court

Decided January 15, 1866PublishedCited by 13 opinions

Appeal from the Circuit Court of Macon county; the Hon. Challes Emeeson, Judge, presiding. This was an action on the case brought in the Circuit Court of De Witt county in August, 1859. After the pleas were filed the venue was changed to Macon county. The facts sufficiently appear in the opinion.

1Opinion of the CourtJustice Lawrence

This was an action on the case brought by Allen against the railroad company. The first count in the declaration averred that the defendants obstructed an ancient drain, and thereby caused a pond to form, which became offensive and stagnant, by means whereof the family of plaintiff became sick, and he was deprived of the enjoyment of the land, etc. This count alleges the said drain and pond to be on the north-west of the southwest of section fourteen, township nineteen north, range two east. The second and third counts aver that a different tract of land, to wit, the south-west of the…

2Cited by13 opinions

  1. Penn Mutual Life Insurance v. HeissIllinois Supreme Court · 1892
  2. Chicago & Northwestern Railway Co. v. HoagIllinois Supreme Court · 1878
  3. Allen v. Macon, Dublin & Savannah R. R.Supreme Court of Georgia · 1899
  4. Toledo, Wabash & Western Railway Co. v. MorganIllinois Supreme Court · 1874
  5. Little Rock & Fort Smith Railway Co. v. GreerSupreme Court of Arkansas · 1906

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