Reports of Cases at Law and in Chancery Argued and Determined in the Supreme Court of Illinois Volume 295

Reports of Cases at Law and in Chancery Argued and Determined in the Supreme Court of Illinois Volume 295

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1921 edition. Excerpt: ...appellant and its evidence in effect was an attempt to show that the plan of the drainage district to build its main channel across the railroad right of way at the trestle was impracticable and unwise, and to show that the most feasible plan for constructing the main channel across the railroad, in order to get proper drainage for the surrounding territory, would have been to construct the main channel across the right of way of the railroad company at the present location of its steel bridge across the original natural channel of Indian creek. Counsel further argue that while it may be conceded that the question of the proper place to locate the main channel of the ditch was not argued or decided either by the trial court or the Supreme Court at the organization of the district, yet such question might, and should, have been raised when the hearing was had before the county court on the organization of the district under the reasoning of this court in Bacon v. Reichelt, 272 Ill. 90, and Harvey v. A arora and Geneva Railway C 0. 186 id. 283; that not having been raised then it cannot be' raised later in any of the court proceedings that have to do with the construction of the main channel of the drainage district. They say in this connection in their brief: "If appellant expected to receive damages for the construction of the new bridge at the trestle it should have presented its claim when the report was under consideration." With this contention we cannot agree. In discussing the provisions of the Levee Drainage act with reference to the proper method of finding damages and the authority of the commissioncrs as to such damages, this court said in Michigan Central Railroad C0. v. 5'/Wing Creek Drainage District, 215 more

Product details

  • Paperback | 220 pages
  • 189 x 246 x 12mm | 399g
  • United States
  • English
  • black & white illustrations
  • 1236961439
  • 9781236961433