Legal Opinion

Cleveland, Cincinnati, Chicago & St. Louis Ry. Co. v. Hamilton

Illinois Supreme Court

Decided February 18, 1903PublishedCited by 6 opinions

Appeal from the Circuit Court of Champaign county; the Hon. Francis M. Wright, Judge, presiding.

1Opinion of the CourtJustice Cartwright

The circuit court of Champaign county overruled the demurrer of appellant to the amended declaration of appellee, and appellant electing to abide by its demurrer, damages were assessed by a jury at $100, and judgment was entered for said amount and costs.

The declaration alleged that plaintiff was the owner of a certain field of grass and hay; that defendant was possessed of and used and operated a railroad through said field upon a right of way one hundred feet in width; that defendant, contrary to its duty, failed to keep its right of way cleared from dry grass and weeds, by means whereof…

2Cases cited1 opinion

  1. Peoria, Decatur & Evansville Railway Co. v. DugganIllinois Supreme Court · 1884

3Cited by6 opinions

  1. Checkley v. Illinois Central RailroadIllinois Supreme Court · 1913
  2. Scherzer v. KellerIllinois Supreme Court · 1926
  3. Liberty Warehouse Co. v. Burley Tobacco Growers' Co-Operative Ass'nCourt of Appeals of Kentucky (pre-1976) · 1925
  4. Pasfield v. DonovanIllinois Supreme Court · 1956
  5. Riter-Conley Mfg. Co. v. WrynSupreme Court of Oklahoma · 1918

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