Williams v. Chicago & Northwestern Railway Co.
Illinois Supreme Court
Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of Winnebago county; the Hon. A. H. Frost, Judge, presiding.
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Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of Winnebago county; the Hon. A. H. Frost, Judge, presiding. This was a proceeding brought by appellant in a justice court of Winnebago county to recover double the value of a crossing put in by him across appellee’s right of way, and alleged to have been a farm crossing constructed in accordance with paragraph 66 of chapter 114, in reference to fencing and operating railroads. (Hurd’s Stat. 1905, p. 1578.) Appellant recovered in the original proceeding, but on appeal to the circuit…
1Opinion of the CourtJustice Carter
The sole question at issue is whether appellant is entitled to a farm crossing at this point. The proof does not show that this land had ever been used for agricultural purposes. For some time before appellant owned it, boiler works had been located thereon. It was left unused by appellant for several years after he had purchased it, except that boats seem to have landed at this point and people went there to bathe in the river, but it is not shown that a crossing was used at this point from the time appellant bought the property until he leased it to the present tenant. Neither was it shown…
2Cases cited4 opinions
- Illinois Central Railroad v. WillenborgIllinois Supreme Court · 1886
- Chalcraft v. Louisville, Evansville & St. Louis RailroadIllinois Supreme Court · 1885
- People ex rel. Rogers v. CaldwellIllinois Supreme Court · 1892
- Wheeler v. Rochester & Syracuse RailroadNew York Supreme Court · 1851
3Cited by6 opinions
- Smith v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1932
- Forest Preserve District v. Illinois Commerce CommissionIllinois Supreme Court · 1957
- Winship v. Inspector of BuildingsMassachusetts Supreme Judicial Court · 1931
- Mattison v. DunlapSupreme Court of Oklahoma · 1942
- People ex rel. Keen v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Appellate Court of Illinois · 1909
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