Legal Opinion

Illinois Central Railroad v. Kanouse

Illinois Supreme Court

Decided January 15, 1866PublishedCited by 20 opinions

Writ of Error to the Circuit Court of McLean county; the Hon. John M. Scott, Judge, presiding On the 11th of March, 1857, a contract was made between the Peoria and Oquawka Railroad company and the Illinois Central Railroad company, which appears at length in the opinion. In the month of June, 1863. a horse belonging to Kanouse was killed upon the track of the Peoria and Oquawka road, being struck by the freight train of the Illinois Central company.

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Writ of Error to the Circuit Court of McLean county; the Hon. John M. Scott, Judge, presiding On the 11th of March, 1857, a contract was made between the Peoria and Oquawka Railroad company and the Illinois Central Railroad company, which appears at length in the opinion. In the month of June, 1863. a horse belonging to Kanouse was killed upon the track of the Peoria and Oquawka road, being struck by the freight train of the Illinois Central company. In ¡November, 1863, Kanouse brought suit in case, in the Circuit Court of McLean county, to recover the value of the horse. On the trial it was…

1Opinion of the CourtJustice Breese

On the 11th of March, 1857, the following agreement was made:

“ This agreement, made at Chicago on the 11th day of March, in the year one thousand eight hundred and fifty-seven, between the Peoria and Oquawka Railroad company, of the first part, and the Illinois Central Railroad company, of the second part, witnesseth:
“ The first party agrees to permit the second party to use so much of its track as lies between the intersection of the two lines of railroad near Panola and the intersection of the lines of the two railroads near Onarga for the passage of its freight trains, and to supply the…

2Cases cited1 opinion

  1. Clement v. CanfieldSupreme Court of Vermont · 1856

3Cited by20 opinions

  1. Denver & Rio Grande Railroad v. SullivanSupreme Court of Colorado · 1895
  2. Ballou v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1882
  3. McGrath v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1876
  4. Wisconsin Central Railroad v. RossIllinois Supreme Court · 1892
  5. Wichita Falls & N. W. Ry. Co. v. PuckettSupreme Court of Oklahoma · 1915

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