Chalcraft v. Louisville, Evansville & St. Louis Railroad
Illinois Supreme Court
Writ of Error to the Appellate Court for the Fourth District ;—heard in that court on appeal from the Circuit Court of Edwards county; the Hon. C. S. Conger, Judge, presiding. This was a bill in equity, to enjoin the construction of a bridge for a farm crossing over a railroad track. The track of the road of defendant in error runs across the land of plaintiff in error, cutting off from the main body, the barn, stock-sheds, cribs, etc., and a tract of wood land.
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Writ of Error to the Appellate Court for the Fourth District ;—heard in that court on appeal from the Circuit Court of Edwards county; the Hon. C. S. Conger, Judge, presiding. This was a bill in equity, to enjoin the construction of a bridge for a farm crossing over a railroad track. The track of the road of defendant in error runs across the land of plaintiff in error, cutting off from the main body, the barn, stock-sheds, cribs, etc., and a tract of wood land. The length of the railroad track through the land of plaintiff in error is twenty-three hundred feet, and there are over that part…
1Opinion of the CourtChief Justice Scholfield
The motion to dismiss for want of jurisdiction to entertain this writ of error, must be overruled. This is not a suit to recover money or chattels, and is not, therefore, affected by the statute limiting appeals and writs of error to $1000, and the writ hence lies, without regard to the magnitude of the interests involved. Baber v. Railroad Co. 93 Ill. 342.
The statute provides that “every railroad corporation shall * * * erect and maintain fences on both sides of its road, * * * with gates or bars at the farm crossings of such railroad, which farm crossings shall be constructed by such…
2Cases cited1 opinion
- Baber v. Pittsburg, Cincinnati & St. Louis RailroadIllinois Supreme Court · 1879
3Cited by15 opinions
- Gulf, Colorado & Santa Fe Railway Co. v. RowlandTexas Supreme Court · 1888
- Illinois Central Railroad v. WillenborgIllinois Supreme Court · 1886
- Chicago, Indianapolis & Louisville Railway Co. v. BaughIndiana Supreme Court · 1911
- Alabama & Vicksburg Railway Co. v. OdenealMississippi Supreme Court · 1895
- Powell v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Missouri · 1908
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