Shelby v. Chicago & Eastern Illinois Railroad

This was a bill in chancery, brought by the Chicago and Eastern Illinois Kailroad Company against the heirs at law of George W. Cass, deceased, and others, to restrain them from removing two dams in the Kankakee river at Momenee, Kankakee county. There is very little if any controversy as to the facts, and so far as they are necessary to a proper understanding of the case, they are as follows:

The Kankakee river at Momenee runs in a westerly direction, and at that point its channel is divided into two nearly equal parts by an island of considerable length. About forty years ago two dams were…