Legal Opinion

Joliet & Chicago Railroad v. Healy

Illinois Supreme Court

Decided January 15, 1880PublishedCited by 15 opinions

Appeal from the Appellate Court for the First District; the Hon. Theodore D. Murphy, presiding Justice, and Hon. Geo. W. Pleasants and Hon, Joseph M. Bailey, Justices.

1Opinion of the CourtJustice Scott

This case has been elaborately argued in every phase it presents, but the view we have taken may be shortly stated. It is a bill filed by the owners of a lot abutting on what is called “ Healy slough,” and its object is to secure the removal of a permanent railroad bridge constructed by the Chicago and Alton Eailroad Company over the body of water bearing that name. The theory on which the bill is framed is, that the body of water spanned by the bridge is navigable, in the sense that term is used in the law when applied to streams with capacity to bear the usual products as well as the…

2Cases cited1 opinion

  1. Chicago & Alton Railroad v. SchœnemanIllinois Supreme Court · 1878

3Cited by15 opinions

  1. Schulte v. WarrenIllinois Supreme Court · 1905
  2. Seeger v. MuellerIllinois Supreme Court · 1890
  3. Iowa-Wisconsin Bridge Co. v. United StatesUnited States Court of Claims · 1949
  4. People ex rel. Deneen v. Economy Light & Power Co.Illinois Supreme Court · 1909
  5. Leitch v. Sanitary DistrictIllinois Supreme Court · 1944

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