Morgan v. Railroad Co.
Supreme Court of the United States
Appeal from the Circuit Court of the United States for the Northern District of Illinois. This1 suit was commenced by a bill filed by Morgan against-the Chicago and Alton. Railroad Company.
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Appeal from the Circuit Court of the United States for the Northern District of Illinois. This1 suit was commenced by a bill filed by Morgan against-the Chicago and Alton. Railroad Company. It involves- the ownership of two strips of land adjoining that over which that company has the right of way, and forming part of its depot grounds in'the town of Dwight, .'in the State of Illinois, which it claims to own as "grantee of all the rights and property of the Chicago and'Mississippi Railroad Company. The company, filed a cross-bill, wherein it set up the dedication of the property to the public…
1Opinion of the CourtJustice Swayne
During the years 1853 and. 1854, the-Chicago and Mississippi Railroad Company was engaged in locating and building a railroad from Joliet to Alton, in tie State of Illinois. The appellant and Spencer and' Lathrop were in- the service of the company as engineers. Kersey' H. Fell was employed to obtain the right of way for the road.
The line of the road was located by Oliver H. Lee, the chief engineer. The parties first named’were permitted to locate the stations between the principal points. This was to be done in' conformity to the interests of the company.
Spencer says, in his testimony, “ My…
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