Mayer v. Chicago & Alton Railroad
Appellate Court of Illinois
Trespass on the Case.—Death from negligent act. Error to the Su perior Court of Cook County; the Hon. Arthur H. Chetlain, Judge, presiding. Heard in this court at the March term, 1896.
1Opinion of the CourtJustice Waterman
While the maintenance by the defendant of this grade crossing with its twenty-seven railroad tracks was neither unlawful nor negligence, it was a situation existing solely for its purpose and because of its will, which could be removed at its pleasure.
Holding and using the crossing in conjunction with the public, the defendant was bound to not unnecessarily or unlawfully interfere with the public right at this place.
Being under such obligation, the defendant, in violation of law, blocked the highway and compelled those who wished to go over the road to enter upon its grounds, passing around…
2Cited by5 opinions
- Gesas v. Oregon Short Line R.Utah Supreme Court · 1907
- Dodwell Ex Rel. Williams v. Missouri Pacific RailroadSupreme Court of Missouri · 1964
- Chicago & Alton Railroad v. MayerAppellate Court of Illinois · 1904
- Chicago & Erie Railroad v. HunterIndiana Court of Appeals · 1916
- Kurt v. Lake Shore & Michigan Southern Railway Co.Appellate Division of the Supreme Court of the State of New York · 1908