Lesher v. Wabash Navigation Co.
Illinois Supreme Court
This was a proceeding instituted in the court below, by the plaintiffs in error, under the 11th section of an act entitled “An Act to incorporate the Wabash Navigation Company,” in force January 30, 1847, to recover the value of timber, &c., taken from their lands by Samuel and Isaac Culbertson, and used in the construction of the dam and lock at the Grand Rapids of the Wabash River, for the said company, and, as is contended, as their agents and servants, as also the value…
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This was a proceeding instituted in the court below, by the plaintiffs in error, under the 11th section of an act entitled “An Act to incorporate the Wabash Navigation Company,” in force January 30, 1847, to recover the value of timber, &c., taken from their lands by Samuel and Isaac Culbertson, and used in the construction of the dam and lock at the Grand Rapids of the Wabash River, for the said company, and, as is contended, as their agents and servants, as also the value of other timber, &c., taken for like purposes by others, servants and agents of the said company. In the court below,…
1Opinion of the Court
Catón, J.
By the eleventh section of their charter, the Wabash Navigation Company were authorized to enter upon certain premises including the plaintiffs’, and take therefrom timber, stone, and other materials necessary and proper for the construction of their works. And the owners of the premises were authorized to file a petition in the circuit court, and have the value of the materials taken, and damages occasioned by reason of the taking of the same assessed, for the amount of which, a judgment should be rendered in favor of the owner, and against the company. For the purpose of erecting a…
2Cited by25 opinions
- City of Detroit v. CoreyMichigan Supreme Court · 1861
- East Line & Red River Railway Co. v. CulbersonTexas Supreme Court · 1888
- Pennsylvania Co. v. EllettIllinois Supreme Court · 1890
- Scammon v. City of ChicagoIllinois Supreme Court · 1861
- Houston & Great Northern Railroad v. MeadorTexas Supreme Court · 1878
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