Town of Old Town v. Dooley
Illinois Supreme Court
Appeal from the Circuit Court of McLean county; the Hon. Thomas F. Tipton, Judge, presiding. This was a prosecution instituted by the appellant against the appellee, before a justice of the peace, for an alleged obstruction of a highway, and taken by appeal to the circuit court, where a trial was had, resulting in a judgment for the defendant.
1Opinion of the CourtJustice Scholfield
The question here is, whether appellant is liable under the statute for failing to remove an obstruction in a highway after due notice given for that purpose.
The cause, by agreement of parties, was tried by the court without the intervention of a jury, and the judgment was for appellee.
Appellee is the owner of the land on both sides of a public highway, where it crosses a stream of water called Kickapoo. A bridge was erected across the stream, by appellant, about three years prior to the commencement of the suit, at this point, ample for the accommodation of the public. Subsequent to the…
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