Rock Island, A. & L. R. Co. v. Gournay

Counsel for the plaintiff in the applications for rehearings in these cases complain of the following isolated statement in the opinion:

“On the contrary, if a right of passage, a right-of-way, or a servitude only had been granted and conveyed to the railroad company by the deed, the railroad company would not have had the right, as decided by the trial judge, to change the water courses and to take the stone, gravel, timber and earth on the 100 foot right-of-way and use it for the construction and maintenance of the railroad without paying additional compensation for the property taken or the…