McCarty v. Chicago, Burlington & Quincy Railroad
Appellate Court of Illinois
Appeal from the Circuit Court of Kane County; the Hon. Isaac G. Wilson, Judge, presiding. This was an action on the case commenced by appellant in the City Court of Aurora, and venue changed to the Circuit Court to recover for alleged damages resulting to appellant, for putting in additional railroad track and switches in front of his hotel, along La Salle street, between York street on the north and Main street on the south, which track ran beyond and across Fox river.
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Appeal from the Circuit Court of Kane County; the Hon. Isaac G. Wilson, Judge, presiding. This was an action on the case commenced by appellant in the City Court of Aurora, and venue changed to the Circuit Court to recover for alleged damages resulting to appellant, for putting in additional railroad track and switches in front of his hotel, along La Salle street, between York street on the north and Main street on the south, which track ran beyond and across Fox river. The declaration in the several counts charges the following causes for damages: That defendant took a strip of land off…
1Opinion of the CourtLacey, J.
The causes assigned for reversal of the judgment of the court below are as follows: First. The court erred in its rulings on the admission of evidence at the trial. Second. In giving instructions to the jury on its own motion and on motion of appellee. Third. The verdict was contrary to the weight of the evidence.
The main if not the only damages claimed to have resulted to appellant arose from the putting in the double track in 1883, as described by appellant, and operating the same.
There was a large number of witnesses examined in the case on both sides as to the various facts, and…
2Cases cited7 opinions
- Drew v. BeallIllinois Supreme Court · 1871
- Truesdale v. FordIllinois Supreme Court · 1865
- Chicago & Western Indiana Railroad v. Englewood Connecting Railway Co.Illinois Supreme Court · 1886
- Meyer v. TemmeIllinois Supreme Court · 1874
- Ives v. VanscoyocIllinois Supreme Court · 1876
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Illinois Central R. R. v. WolfAppellate Court of Illinois · 1901