Toledo, Wabash & Western Railway Co. v. Hunter
Illinois Supreme Court
Appeal from the Circuit Court of Sangamon county; the Hon. Edward T. Rice, Judge, presiding. This was an action on the case, by Hunter and McHeil, against the Toledo, Wabash & Western Railway Company, to recover damages arising from injury to a lot of cattle, caused by the waters of the Sangamon river overflowing the ground, occupied by the plaintiffs, in a time of flood, such overflowing being the result, as is alleged, of the filling up by the railroad company, of an open…
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Appeal from the Circuit Court of Sangamon county; the Hon. Edward T. Rice, Judge, presiding. This was an action on the case, by Hunter and McHeil, against the Toledo, Wabash & Western Railway Company, to recover damages arising from injury to a lot of cattle, caused by the waters of the Sangamon river overflowing the ground, occupied by the plaintiffs, in a time of flood, such overflowing being the result, as is alleged, of the filling up by the railroad company, of an open trestle work in an embankment of their road across the bottom land bordering upon the river. The declaration contained…
1Opinion of the CourtChief Justice Breese
There can be no doubt that filling up, by the railroad company, what was, at one time, an open trestle work in the embankment of their road over the bottom, retarded or obstructed in some degree, the flow of the water in a time of flood. At such time, the river, not confined to its natural channel, spreads over a large surface, and must have vent somewhere. By filling up this open trestle work, that vent was closed, and the water forced to the channel of the river under the railroad bridge and to the opening near it at the west end. Such portions of the water as could not escape by these…
2Cases cited1 opinion
- Illinois Central Railroad v. AllenIllinois Supreme Court · 1866
3Cited by4 opinions
- Toledo, Wabash & Western Railway Co. v. MorganIllinois Supreme Court · 1874
- Chesapeake & O. Ry. Co. v. SalyerCourt of Appeals of Kentucky (pre-1976) · 1938
- Chicago & Alton Railroad v. HenneberryAppellate Court of Illinois · 1888
- Ohio & Mississippi Railway Co. v. WachterAppellate Court of Illinois · 1887