Baltimore & Ohio Southwestern R. R. v. Campbell
Appellate Court of Illinois
Trespass on the Case.—Appeal from the Circuit Court of Cass County; the Hon. Thomas N. Mehan, Judge presiding. Heard in this court at the May term, 1903.
1Opinion of the CourtJustice Harker
This suit was brought by appellee to recover damages for being deprived of a farm crossing over appellant’s railroad and right of way. A trial by jury resulted in a verdict and judgment in favor of the appellee for $1,200.
It appears from the evidence- that appellee owns a farm of some 400 acres in Cass county, through the extreme south part of which appellant’s railroad runs. In the year 1898, appellant began extensive improvements upon its roadbed. In prosecuting the work, it became necessary to change the grade in many places. At a place where appellee had used a farm crossing for several…
2Cases cited2 opinions
- Ohio & Mississippi Railway Co. v. McGeheeAppellate Court of Illinois · 1893
- Chicago, Madison & Northern Railroad v. EichmanAppellate Court of Illinois · 1893