Chicago & Rock Island Rail Road v. Ward
Illinois Supreme Court
This was an action of covenant. The declaration assigned breaches of the following covenants entered into by appellants: “ Said railroad company shall erect, and perpetually maintain, on each side of said railroad, across the plaintiff’s land, a good and substantial fence, and suffer the owner of said tract of land, his heirs and assigns, to join the said fence without charge; said company shall construct, and maintain perpetually, across said road a secure and convenient…
Read the full summary
This was an action of covenant. The declaration assigned breaches of the following covenants entered into by appellants: “ Said railroad company shall erect, and perpetually maintain, on each side of said railroad, across the plaintiff’s land, a good and substantial fence, and suffer the owner of said tract of land, his heirs and assigns, to join the said fence without charge; said company shall construct, and maintain perpetually, across said road a secure and convenient crossing for cattle and carriages, and that the same shall be perpetually kept and maintained free and open for the use of…
1Opinion of the CourtSoates, C. J.
There are two questions: First, how shall a party review the proofs and instructions on the inquest of damages, and is the case properly presented ; and second, what is the true measure of damages.-
The inode of presenting the first was laid down in Motsinger, etc., v. Coleman, 16 Ill. R. 71, to be by presenting the proofs and instructions by affidavit or otherwise, to the circuit court, and moving to sot aside the inquest, and preserving the same in the record by bill of exceptions. Such was the view of the court in Morton v. Bailey et al., 1 Scam. R. 215, and that no exception on the inquest…
2Cases cited1 opinion
- Owens v. DurhamCourt of Appeals of Kentucky · 1837
3Cited by25 opinions
- Louisville, New Albany & Chicago Railway Co. v. SumnerIndiana Supreme Court · 1886
- Briggs v. SneghanIndiana Supreme Court · 1873
- City of Chicago v. HuenerbeinIllinois Supreme Court · 1877
- Black v. Minneapolis & St. Louis RailroadSupreme Court of Iowa · 1903
- Cairo & St. Louis Railroad v. HolbrookIllinois Supreme Court · 1874
20 more not listed; retrieve them via the Exa API.