Legal Opinion
Reading v. Atchison, T. & S. F. Ry. Co.
District Court, N.D. Illinois
Decided November 18, 1947No. 47 C 770PublishedCited by 3 opinions
1Opinion of the Court
LA BUY, District Judge.
The amended complaint herein is based on an alleged trespass to realty by flooding in the years 1944, 1945, 1946 and 1947 caused by defendant’s right of way and for deprivation of plaintiff’s use of an adjacent public road. The relief prayed for is equitable; Defendant has filed a motion to dismiss said amended complaint on the ground of res judicata.
On July 13, 1946 plaintiff filed a complaint at law against defendant in the Circuit Court of Grundy County, Illinois, which was removed by defendant to the district court. On October 8, 1946 the *665cause was dismissed for…
2Cases cited2 opinions
- Dukes v. Harrison & ReidyAppellate Court of Illinois · 1933
- Wiggins Ferry Co. v. GardnerAppellate Court of Illinois · 1900
3Cited by3 opinions
- Van Brode Milling Co. v. Kellogg Co.District Court, D. Delaware · 1953
- Anguiano v. Transcontinental Bus System, Inc.Arizona Supreme Court · 1953
- Blaszczak v. City of Palos HillsAppellate Court of Illinois · 1984