Indianapolis, Bloomington & Western Railroad v. Hartley
Illinois Supreme Court
Appeal from the Circuit Court of McLean county; the Hon. Thomas F. Tipton, Judge, presiding. This was an action of trespass, by William Hartley and Alley Hartley, against the appellant, for breaking and entering the close of the plaintiffs, excavating therein without their consent, and constructing and laying down thereon a railroad track, and thereafter operating the same, and by so doing permanently injuring and damaging the plaintiffs’ close, and preventing the plaintiffs…
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Appeal from the Circuit Court of McLean county; the Hon. Thomas F. Tipton, Judge, presiding. This was an action of trespass, by William Hartley and Alley Hartley, against the appellant, for breaking and entering the close of the plaintiffs, excavating therein without their consent, and constructing and laying down thereon a railroad track, and thereafter operating the same, and by so doing permanently injuring and damaging the plaintiffs’ close, and preventing the plaintiffs from the reasonable use and enjoyment of the same. A trial was had, resulting in a verdict and judgment in favor of the…
1Opinion of the CourtJustice Scott
The land upon which the alleged trespasses were committed was never platted or laid off as a part of or of any addition to the city of Bloomington, but is within its corporate limits, and was so situated at the committing of the grievances complained of in the declaration.
Prior to the extension of the city limits a public highway, known as the “Peoria road,” had been established on the south side of the premises in controversy, of the width of sixty feet, one-half being on the land now owned by appellees. After the limits of the city had been extended so as to include this tract of land,…
2Cases cited7 opinions
- Williams v. . the New-York Central Railroad CompanyNew York Court of Appeals · 1857
- Board of Trustees v. HavenIllinois Supreme Court · 1850
- Moses v. Pittsburgh, Fort Wayne & Chicago RailroadIllinois Supreme Court · 1859
- Mahon v. . the New York Central Railroad CompanyNew York Court of Appeals · 1860
- Murphy v. City of ChicagoIllinois Supreme Court · 1862
2 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- G., C. & S. F. R'y Co. v. FullerTexas Supreme Court · 1885
- Elmore v. Drainage CommissionersIllinois Supreme Court · 1890
- Grand Rapids & Indiana R. R. v. HeiselMichigan Supreme Court · 1878
- Stetson v. Chicago & Evanston RailroadIllinois Supreme Court · 1874
- Spencer v. Point Pleasant & Ohio R. R.West Virginia Supreme Court · 1884
29 more not listed; retrieve them via the Exa API.