Legal Opinion

Indianapolis, Bloomington & Western Railway Co. v. McLaughlin

Illinois Supreme Court

Decided January 15, 1875PublishedCited by 7 opinions

Appeal from the Circuit Court of Tazewell county; the Hon. John Burns, Judge, presiding.

1Opinion of the CourtJustice Scholfield

This was an action of trespass quore clausum fregit. Judgment was given in the court below, for the plaintiffs, for $400, and the defendant brings the case here by appeal.

The plaintiffs are husband and wife, and the property, to recover for injuries to which, the suit was brought, is a lot in Pekin, in Tazewell county, of which the wife is and has been seized in fee since the 25th day of September, 1863, at which time it was conveyed to her by deed of Teis Smith and wife.

The trespasses complained of are, the breaking and entering, at one corner of the lot, the inclosure which surrounded it.…

2Cases cited4 opinions

  1. Cooper v. RandallIllinois Supreme Court · 1871
  2. Haines v. HainesIllinois Supreme Court · 1870
  3. Halligan v. Chicago & Rock Island RailroadIllinois Supreme Court · 1854
  4. Illinois Central Railroad v. GrableIllinois Supreme Court · 1868

3Cited by7 opinions

  1. Clay v. City of St. AlbansWest Virginia Supreme Court · 1897
  2. Little Rock & Fort Smith Railway Co. v. GreerSupreme Court of Arkansas · 1906
  3. Arliskas v. ArliskasIllinois Supreme Court · 1931
  4. Babcock v. Mississippi River Power Co.Court of Appeals for the Seventh Circuit · 1940
  5. Colorado Midland Railway Co. v. TrevarthenColorado Court of Appeals · 1891

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