Brockhausen v. Bochland
Illinois Supreme Court
Appeal from the Appellate Court for the Second District;— heard in that court on appeal from the Circuit Court of Stephenson county; the Hon. J. A. Cartwright, Judge, presiding. This is a bill by appellant, against appellees, to enjoin the removal of a bridge on an alleged highway.
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Appeal from the Appellate Court for the Second District;— heard in that court on appeal from the Circuit Court of Stephenson county; the Hon. J. A. Cartwright, Judge, presiding. This is a bill by appellant, against appellees, to enjoin the removal of a bridge on an alleged highway. A temporary injunction having been issued, defendants moved to dissolve it, which motion was heard in the circuit court on the bill and affidavits in support of it, and the defendants’ sworn answer. An order was entered allowing the motion and dismissing the bill. The Appellate Court for the Second ■ District…
1Opinion of the CourtJustice Wilkin
Enough will appear from the foregoing statement of facts to show that the bridge in question, and that part of the old line of travel with which it was connected, have been wholly abandoned by the public. In fact, a mere inspection of a plat •showing the location of the old and new roads will convince :any one that the latter is by far the more convenient and safe route, and renders the former absolutely useless as a public-highway. The public may lose its right to a highway either by its being vacated as provided by statute, or by abandonment. Champlin v. Morgan, 20 Ill. 181; Grube v.…
2Cases cited2 opinions
- Champlin v. MorganIllinois Supreme Court · 1858
- Kellogg v. MooreIllinois Supreme Court · 1881
3Cited by8 opinions
- Lowe v. East Sioux Falls Quarry Co.South Dakota Supreme Court · 1910
- Moore v. . MeroneySupreme Court of North Carolina · 1910
- Hawley v. SimonsIllinois Supreme Court · 1895
- Yaste v. RustAppellate Court of Illinois · 1988
- Hart v. Town of ShafterAppellate Court of Illinois · 2004
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