Commissioners of Highways v. Commissioners of Highways
Illinois Supreme Court
Appeal from the Circuit Court of La Salle county; the Hon.1. Edwin S. Leland, Judge, presiding. This was an action, by the commissioners- of highways of the town of Dayton, against the commissioners of highways of the town of Rutland, under section 21 of the Township Organization Law of 1861, to recover one-half of the expense of repairing a bridge over Fox river, which is the boundary between the two towns, both being organized under the Township Organization Law.
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Appeal from the Circuit Court of La Salle county; the Hon.1. Edwin S. Leland, Judge, presiding. This was an action, by the commissioners- of highways of the town of Dayton, against the commissioners of highways of the town of Rutland, under section 21 of the Township Organization Law of 1861, to recover one-half of the expense of repairing a bridge over Fox river, which is the boundary between the two towns, both being organized under the Township Organization Law. Under an act of the legislature, passed in 1837, a State road was located from Ottawa to Naperville, across Fox river, and…
1Opinion of the CourtJustice Walker
This case was before us at a former term (see 60 Ill. 58), and it is conceded that the facts, in all material particulars, are the same in this record as they were in that case. The bridge was, at first, built by private donations, in whole or in part, and the questions then, as now, presented were, whether the bridge had been donated to, and whether it had been accepted by, the public. That- it had been donated, there can be no doubt, nor is that seriously controverted, and the evidence of acceptance by appellees is almost, if not quite, conclusive. The road commissioners, on a petition of a…
2Cases cited1 opinion
- Highway Commissioners of Rutland v. Highway Commissioners of DaytonIllinois Supreme Court · 1871
3Cited by5 opinions
- State ex rel. Roundtree v. Board of CommissionersIndiana Supreme Court · 1881
- People ex rel. Corey v. Comrs. of HighwaysIllinois Supreme Court · 1895
- Swick v. BentleyAppellate Court of Illinois · 1941
- Commissioners of Highways v. Commissioners of HighwaysAppellate Court of Illinois · 1910
- Commissioners of Highways v. Commissioners of HighwaysAppellate Court of Illinois · 1913