City of Lincoln v. St. Louis, Springfield & Peoria Railway Co.

Appellate Court of Illinois

City of Lincoln v. St. Louis, Springfield & Peoria Railway Co.

201 Ill. App. 152, 1916 Ill. App. LEXIS 630

Appellate Court of Illinois·Decided April 21, 1916·Published

Opinion

Mr. Presiding Justice Eldredge

delivered the opinion of the court.

Abstract of the Decision. Municipal corporations, § 875*—when evidence sufficient to show right to use of land for street. In an action by a city to recover a penalty for obstructing a public street by the erection and maintenance of a fence thereon, where it appeared that former owners of land abutting on such street constructed a fence twenty feet distant from the border line of the street and such strip was taken control of by the city and used as a part of the street, with the acquiescence and consent of the owners for thirty-eight years, until defendant re-established a fence on the former line, evidence held sufficient to sustain a finding that the city had acquired a right to use this strip for street purposes by the use thereof for more than fifteen years under Rev. St. ch. 121, sec. 1 (J. & A. ¶ 9628).

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Mr. Presiding Justice Eldredge

delivered the opinion of the court.

Abstract of the Decision. Municipal corporations, § 875*—when evidence sufficient to show right to use of land for street. In an action by a city to recover a penalty for obstructing a public street by the erection and maintenance of a fence thereon, where it appeared that former owners of land abutting on such street constructed a fence twenty feet distant from the border line of the street and such strip was taken control of by the city and used as a part of the street, with the acquiescence and consent of the owners for thirty-eight years, until defendant re-established a fence on the former line, evidence held sufficient to sustain a finding that the city had acquired a right to use this strip for street purposes by the use thereof for more than fifteen years under Rev. St. ch. 121, sec. 1 (J. & A. ¶ 9628).

City of Lincoln v. St. Louis, Springfield & Peoria Railway Co., 201 Ill. App. 152, 1916 Ill. App. LEXIS 630 (Ill. Ct. App. 1916).

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201 Ill. App. 152 (City of Lincoln v. St. Louis, Springfield & Peoria Railway Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.