Illinois Central Railroad v. Bethel

The declaration in this case contained three counts, in substance respectively as follows:

The first alleged that the defendant, appellant, was the owner of a railroad, running across the East Fork of the Galena R. on the E. H. W. £-, 2, 28, 1 east, in Jo Daviess county, which belonged to plaintiff; that at said crossing is a valley or deep ravine about 1,000 feet in width; that in constructing said road defendant built a solid earth embankment across said valley and partly across said stream, leaving a short bridge with two stone abutments for the passage of the water, thus forcing it through…