Hinde v. Wabash Navigation Co.
Illinois Supreme Court
In these cases, similar proceedings were" taken to recover damages, by assessment, for certain timber and material taken and used by the defendants in error, the property of the plaintiffs in error.
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In these cases, similar proceedings were" taken to recover damages, by assessment, for certain timber and material taken and used by the defendants in error, the property of the plaintiffs in error. The defendants in error pleaded that a portion of the material for which compensation was sought was taken and used by Samuel and Isaac Culbertson, who were contractors with the defendants in error for the construction of the dam and lock about which the material had been used, and that any entry upon the lands in question, by the said Culbertsons, was unauthorized by the terms of the contract…
1Opinion of the CourtCaton, J.
The precise question raised in these cases was argued and decided at the last term of. this court in this division, in the case of Lesher v. the same defendants. But as the question was a new one, and of considerable importance, in view of the many works of internal improvements which are in progress in this State under charters in some respects similar to the one presented in this ease, we thought it proper to allow the question to be again argued, that it might be again carefully considered. It has been thus considered, and we are still of opinion that it was properly decided.
It is true…
2Cases cited1 opinion
- Lesher v. Wabash Navigation Co.Illinois Supreme Court · 1852
3Cited by5 opinions
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- East Line & Red River Railway Co. v. CulbersonTexas Supreme Court · 1888
- Scammon v. City of ChicagoIllinois Supreme Court · 1861
- Chicago, St. Paul & Fond du Lac Railroad v. McCarthyIllinois Supreme Court · 1858
- Cairo & St. Louis Railroad v. WoosleyIllinois Supreme Court · 1877