Kinnare v. Chicago & Northwestern Railway Co.
Appellate Court of Illinois
Action on the case for death caused by alleged wrongful act. Error . to the Circuit Court of Cook County; the Hon. Richard S. Farrand, Judge, presiding. Heard in this court at the October term, 1903,
1Opinion of the CourtJustice Ball
delivered .the opinion of the court.
The judgment in this case is in accord with the law. The place where the deceased received his injuries was private and not public. It was the exclusive property of the defendant. The railway company held the premises in perpetuity, subject to a condition of defeasance, which condition is common to all railway rights of way, namely, the right to hold and to use the property for railway purposes only.
The defendant was not bound to fence this right of way so as to exclude trespassers. He who goes upon such premises as a mere intruder, or for his own pleasure,…
2Cases cited12 opinions
- Lake Shore & Michigan Southern Railway Co. v. BodemerIllinois Supreme Court · 1892
- Illinois Central Railroad v. GodfreyIllinois Supreme Court · 1874
- Illinois Central Railroad v. HetheringtonIllinois Supreme Court · 1876
- Blanchard v. Lake Shore & Michigan Southern Railway Co.Illinois Supreme Court · 1888
- Illinois Central Railroad v. EicherIllinois Supreme Court · 1903
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3Cited by1 opinion
- Thomas v. Oregon Short Line RailroadUtah Supreme Court · 1916