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Fact that property is returned as “railroad track” does not bar local assessor from assessing it, when it is in fact not "railroad track."

C. & N. W. Ry. Co. v. People, 195 Ill. 184. Capital stock and franchises of corporation are originally assessed by the Board of Equalization.

State Board of Equalization v. People, 191 Ill. 528.

Service on.

Service of summons on an agent of the lessee of a railroad is not good service on the owner of the railroad.

C. B. & Q. R. R. Co. v. Weber, 219 Ill. 372.

Actions against-Damages.

It is not necessary to give a railroad company notice before beginning action for damages, that an embankment built by it so overflows adjacent farm land as to interfere with its cultivation.

Tetherington v. St. L. T. & E. R. R. Co., 226 III. 129. Sparks from engine set fire to plaintiff's buildings. Judgment $5,000.00. Affirmed.

I. C. R. R. Co. v. Bailey, 222 Ill. 480. Release of liability because of injury, from porter to railroad company, is good.

C. K. I. & P. Ry. Co. v. Hamler, 215 Ill. 525. Damage resulting from vibration of passing railroad trains -depreciation—when allowed.

I. C. R. R. Co. v. Trustees, 212 Ill. 406. Prima facie case against railroad is made by proof that locomotive caused a fire; spark arrester statute.

C. C. C. & St. L. Ry. Co. v. Hornsby, 202 Ill. 138. "Clearance" by railroad company to one of its employes. Action for failure to give sufficient clearance. A. R. U. strike, 1894.

McDonald v. I. C. R. R. Co., 187 Ill. 529.

Railroad companies are not liable for refusal to give a discharged employee a "clearance card"-when.

C. C. C. & St. L. Ry. Co. v. Jenkins, 174 Ill. 398. Railroad company is liable for damage to goods transferred in refrigerator cars—when.

C. & A. R. R. Co. v. Davis, 159 Ill. 53 (57). Extortion and unjust discrimination as to freight ratesaction involving.

C. B. Q. R. R. Co. v. Jones, 149 Ill. 361.

Statutes as to-Construction.

Sec. 2 of Article 2 of the Constitution does not apply where same railroad builds a parallel line.

C. & M. E. Ry. Co. v. C. & N. W. Ry. Co., 211 Ill. 352. Purpose of Sec. 14 of Road and Bridge Act stated—object must be specified-written consent considered.

C. & N. W. Ry. Co. v. People, 200 Ill. 141. Sec. 12 of the Railroad Act as to duty of engineer on approaching railroad crossing does not apply to a switch yard.

St. L. Nat. Stock Yards Co. v. Godfrey, 198 111. 288. Act of 1897, prohibiting sale, etc. of railroad passes, held unconstitutional.

Allardt v. People, 197 I11. 501. Union Depot Act of 1875 does not apply to a company leasing track privileges and doing switching over its lines, for other railroads.

T. H. & I. R. R. Co. v. P. & P. U. Ry. Co., 167 Ill. 296. A plat duly recorded, on which land is shown as given for railroad purposes on either side of a right of way, gives no title to the railroad company, unless the plat is so marked as to show that intent. See “Plats."

L. E. & W. R. R. Co. v. Whitman, 155 111. 514 (524).

Railroad and Warehouse Commission.

Under Section 6 of Railroad and Warehouse Act every corporation doing the character of business for which railroads are organized, whether domestic or foreign corporations doing interstate business, must make an annual report to the Railroad Commissioners.

People v. C. I. & L. Ry. Co., 223 III. 581. The Federal Constitution is not violated by compelling inter-state railroad companies to make annual reports.

People v. C. I. & L. Ry. Co., 223 Ill. 581. Railroad and Warehouse Commission-powers of-action involving

C. B. & Q. R. R. Co. v. Jones, 149 Ill. 361. Act of 1873 creating Railroad and Warehouse Commissioners does not give that Board power to regulate freight rates.

C. B. & Q. R. R. Co. v. Jones, 149 Ill. 361.

Miscellaneous rules as to.

Railroad companies are not entitled to recover damages or expense that results from their obeying police regulations imposed on them by ordinance-flagman at crossing.

C. & N. W. Ry. Co. v. City of Morrison, 195 III. 271. General railroad companies are required to run passenger trains where the proper operation of the road for the public accommodation necessitates it.

People v. St. L. A. & T. H. R. R. Co., 176 Ill. 512. Railroad companies may be required to stop all passenger trains at county seats-local and "through” trains. Act of 1879, valid, as a police regulation.

C. C. C. & St. L. Ry. Co. v. People, 175 Ill. 359. Railroad companies operating across the State of Illinois held domestic corporations, and subject to control under the police power.

C. C. C. & St. L. Ry. Co. v. People, 175 Ill. 359.

A railway corporation that has been taking water for its powerhouse from a pond owned by a mining company, such taking being by virtue of no contract but only a sufferance, has no permanent easement in said water, such as will pass to one who purchases all the stock of the railway company, even though said purchase is made of the same persons who own the mining company, and who, it is claimed, stated the taking of water was a permanent right in the railway; where the evidence as to such statement is conflicting.

Coal Belt Elec. Ry. Co. v. Peabody Coal Co., 230 Ill. 164.

The primary purpose of a commercial railroad is to carry freight and passengers for hire from one point to another on its line.

People v. I. C. R. R. Co., 233 Ill. 378.

Railroad corporations owe no duty to Boards of Trade in the sense that they must continue to serve such Board by furnishing a service once established. Such a voluntary service may be withdrawn at any time.

People v. I. C. R. R. Co., 233 Ill. 378.

The fact that the railroad corporation has owned and leased a public warehouse for a long term of years gives rise to no duty on its part to continue such service.

People v. I. C. R. R. Co., 233 Ill. 378 (p. 395).

Where land is deeded to a railroad company in consideration of its building a depot on it and it fails to build the depot, and the original owner continues to openly occupy it for thirty years, the Statute of Limitations applies.

C. P. & St. L. Ry. Co. v. Tice, 232 Ill. 232 (p. 237).

Refusal of connecting line to honor ticket sold by broker, does not make the railroad company selling to the broker liable to him for loss—when.

C. & A. R. R. Co. v. Mulford, 162 Ill. 522 (526).

Railroad company issuing tickets over its and connecting line held not liable for refusal of connecting line to honor ticket-acts as agent only.

C. & A. R. R. Co. v. Mulford, 162 I11. 522 (528). When railroads are not "parallel or competing" lines under the Statute of 1899.

Ill. State Trust Co. v. St. L. I. M. & S. Ry. Co., 217 Ill. 504. On motion to dismiss petition of a railroad company, the company must present evidence to show it is a de jure or a de facto corporation-proof of corporate acts sufficient.

L. S. & M. S. Ry. Co. v. B. & O. & C. R. R. Co., 149 Ill. 274. The owner of an unplatted strip of land in a city adjoining a railroad right of way, not used for agriculture, is not entitled to have a "farm crossing" built so as to give him exit across the track, even though his business necessitates such a crossing.

Williams v. C. & N. W. Ry. Co., 228 Ill. 593. Railroad companies may operate their roads at their discretion, subject to the duties imposed by law, only.

People v. I. C. R. R. Co., 241 III. 471. Track elevation may be required where public safety demands it.

Chicago v. P. C. C. & St. L. Ry. Co., 244 Ill. 220. When placing track near highway is not a public detriment.

Schlosser v. Commissioners, 235 Ill. 214.

Illinois Central Railroad.

AN ACT in relation to the mode of proving title to the lands granted to the Illinois Central Railroad Company. (Approved March 7, 1872. In force July 1, 1872. L. 1871-2, p. 550.

49. Commissioners' tract list, map, etc., evidence.) § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That whenever it shall become necessary, in any legal proceeding, to prove the title of the Illinois Central Railroad Company, or of the trustees of said railroad company, or of any person claiming title through or under said company or trustees, to any of the lands granted by the State to said railroad company under the provisions of the act

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