Chicago & Eastern Illinois Railroad v. Shelby
Appellate Court of Illinois
Appeal from the Circuit Court of Kankakee County"; the Hon. H. J. Pilsbury, Judge, presiding.
1Opinion of the CourtHarker, J.
This was a suit in equity by appellant to restrain the heirs of George W. Cass from removing two dams situated in the Kankakee river at Momence. There is no dispute about the facts. The frictional questions are exclusively legal.
There is an island in the Kankakee river at Momence, which divides the stream into two nearly equal parts. The river there flows in a westerly direction. Over forty years ago two dams were erected, one from the upper end of the island to the south shore, and the other from the lower end to the north shore of the river. By means of these dams a large pool of water four…
2Cases cited14 opinions
- Parmelee v. LawrenceIllinois Supreme Court · 1867
- Piper v. ConnellyIllinois Supreme Court · 1884
- Chicago, Rock Island & Pacific Railway Co. v. SmithIllinois Supreme Court · 1884
- Vermont Street M. E. Church v. BroseIllinois Supreme Court · 1882
- Hefner v. VandolahIllinois Supreme Court · 1871
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3Cited by1 opinion
- Ireland v. Penn Motors Corp.New Jersey Court of Chancery · 1926