Illinois & St. Paul Railroad & Coal Co. v. Cob

94 Ill. 55 (1879)

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Nature of the Case

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Facts

An island formed in the center line of a river by accretion and Cobb (P) took possession of the land and build a small house. Under Illinois law, the island belonged to the owners of the Illinois shore who are strangers to this present action. The island eventually was joined with the mainland at both its north and south ends. During this period, P leased the premises to a tenant. In January 1972, The Illinois & St. Louis R.R. & Coal Co. (D) broke down P's fence and laid a switch and a track across the land and began to remove soil and sand therefrom. P sued in trespass and got a judgment of $600. P put up a fence again, and D tore it down again, and P sued a second time. P put up another fence and D tore that one down and P sued for a third time. The second and third actions were consolidated. P got judgment for $5,000. D appealed. The case was reversed on grounds that the railroad had a least to a lot on the original river bank. P petitioned for a rehearing in that the land in question was outside the boundaries of the lease. The court reversed because the damages were excessive and the case was tried again, and P won a verdict for $4,379. D appealed.