Toledo, Wabash & Western Railway Co. v. Chew
Illinois Supreme Court
Appeal from the Circuit Court of Macon county; the Hon. Arthur J. Gallagher, Judge, presiding. «= This was an action of assumpsit, by Miner T. Chew, against the Toledo, Wabash and Western Railway Company. The declaration was for ties sold and delivered. The plaintiff recovered judgment for $600, from which the defendant appealed. The facts necessary to an understanding of the case, are stated in the opinion of the court.
1Opinion of the CourtJustice Thornton
This action was brought to recover the value of ties, alleged to have been furnished to the railroad company.
We can not reverse upon the evidence. The proof shows, beyond any cavil, that the company took, and applied to its own benefit, ties delivered upon the line of railroad while it was in process of construction, by the plaintiff.
In the view we are constrained to take, it matters not whether Lincoln was the agent of the contractors, or of the Decatur and East St. Louis Railroad Company, which consolidated with the appellant company. According to the evidence, the liability of the latter…
2Cited by15 opinions
- City of Elgin v. JoslynIllinois Supreme Court · 1891
- Donovan v. PurtellIllinois Supreme Court · 1905
- Sempel v. Northern Hardwood Lumber Co.Supreme Court of Iowa · 1909
- Livingstone v. LovgrenWashington Supreme Court · 1902
- Harrold v. City of East St. LouisAppellate Court of Illinois · 1915
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