Chicago & Alton Railroad v. Goodwin
Illinois Supreme Court
Appeal from the County Court of Will county; the Hon. C. B. Gabnsey, Judge, presiding. This was a proceeding instituted by the Chicago and Alton Bailroad Company, October 12, 1882, in the county court of Will county, against Hiram Goodwin, William Goodwin, and Sarah Althouse, guardian of Philip Goodwin, to condemn a strip of land for a right of way.
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Appeal from the County Court of Will county; the Hon. C. B. Gabnsey, Judge, presiding. This was a proceeding instituted by the Chicago and Alton Bailroad Company, October 12, 1882, in the county court of Will county, against Hiram Goodwin, William Goodwin, and Sarah Althouse, guardian of Philip Goodwin, to condemn a strip of land for a right of way. In December, 1882, the defendants filed their cross-petition, in which they allege that they are the owners in fee of a farm of one hundred and sixty-three acres, therein described, as tenants in common; that such farm consists of valuable land;…
1Opinion of the CourtJustice Dickey
We think that the instructions given do not properly state the law applicable to the facts of this case. William Goodwin, as tenant for life of this land, might make or allow any use of it he saw fit, during his life, provided no injury was done to the inheritance. Appellees, as remainder-men, dur-. ing the existence of the life estate had the right only to prevent the commission of waste. The evidence showing that the railroad track, as originally constructed, did no injury to the premises, appellees had no lawful power to prevent the construction of the road under the license of the tenant…
2Cases cited15 opinions
- Wells v. BanisterMassachusetts Supreme Judicial Court · 1808
- McAulay v. Western Vermont RailroadSupreme Court of Vermont · 1860
- Baker v. Chicago, Rock Island & Pacific R. R.Supreme Court of Missouri · 1874
- Lyon v. Green Bay & Minnesota Railway Co.Wisconsin Supreme Court · 1877
- Curtiss v. HoytSupreme Court of Connecticut · 1848
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3Cited by28 opinions
- New York City v. PineSupreme Court of the United States · 1902
- Charleston & Western Carolina Railway Co. v. HughesSupreme Court of Georgia · 1898
- Farmers' Loan & Trust Co. v. Kansas City, W. & N. W. R.U.S. Circuit Court for the District of Kansas · 1892
- United States v. 19.86 Acres of Land in East St. LouisCourt of Appeals for the Seventh Circuit · 1944
- Blackwell, Enid & Southwestern Railway Co. v. BeboutSupreme Court of Oklahoma · 1907
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