City of Bloomington v. Illinois Central Railroad
Illinois Supreme Court
Appeal from the Appellate Court for the Third District; — heard in that court on appeal from the Circuit Court of McLean county; the Hon. Thomas F. Tipton, Judge, presiding.
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Appeal from the Appellate Court for the Third District; — heard in that court on appeal from the Circuit Court of McLean county; the Hon. Thomas F. Tipton, Judge, presiding. The city of Bloomington brought its action on the case against the Illinois Central Railroad Company, alleging that it had been compelled to pay certain damages recovered against it by one Tustison, who had sustained a personal injury by reason of the defective condition of a sidewalk on Jefferson street, in said city, at a point where the said street crossed the right of way of said railroad company; that it was the duty…
1Opinion of the Court
Baker, J.:
Among the assignments of error on the record of the Appellate Court are these : “The Appellate Court erred in holding that the duty of the railroad company only extended to the construction of necessary crossings and approaches thereto, and that said duty did not extend to the whole of the railroad right of way. The Appellate Court erred in not holding that the statute makes it the duty of the railroad company to construct crossings and approaches the full width of its right of way.” And it is urged by appellant that it is the duty of railroad companies in this State to construct…
2Cases cited6 opinions
- Chicago & Northwestern Railway Co. v. City of ChicagoIllinois Supreme Court · 1892
- People ex rel. City of Bloomington v. Chicago & Alton RailroadIllinois Supreme Court · 1873
- Driftwood Valley Turnpike Co. v. Board of CommissionersIndiana Supreme Court · 1880
- Illinois Central Railroad v. City of BloomingtonIllinois Supreme Court · 1875
- Smith v. Bowditch Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1850
1 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- McElligott v. Illinois Central RailroadIllinois Supreme Court · 1967
- City of Chicago v. Pittsburgh, Ft. Wayne & Chicago Railway Co.Illinois Supreme Court · 1910
- People ex rel. City of Chicago v. Illinois Central RailroadIllinois Supreme Court · 1908
- City of Chicago v. Pittsburg, Cincinnati, Chicago & St. Louis RailroadAppellate Court of Illinois · 1909
- People v. Heidelberg Garden Co.Illinois Supreme Court · 1908
20 more not listed; retrieve them via the Exa API.