, 1869-01-30
SPRlkG GFIELp.
Warehouses vs.. Railroads.
important Decision Constitution.
ality Of the Act Of 1867.
Supreme Court of Illinois.

Ra1roads- -1Farehous<nsen-Duty Of Railroad
Companies to Deliver Grain to the Warehouse
Of the Consignes sohen Directed 80 10 Do
Cons.itutioaality Of tie Act Of 1867 On that
Subject-Rsmtdy in Mancery By Injunction,
If the Railroad Company Refuses to Perform
thal. Duty.
From Our Own Correspondent.
srH1sGr1LD. ILL.,, Jan. g, 1869.
The following important opinion, BY Judge
Lawrence, Of the suprem3 Court, In the case
Of Vincent ct al. Is. The Chicago, Alton &
st. Louis Railroad Company, which was az
eued at the last September term OF the court
in ottawa, has been filed during the present
January term at Springfield. 1t will be seen
that Judge Lawrence viudica1es the constitu.
tionali,y Of the Warehouse law passed By the
General Assembly Of 1867:
Vincent Ct a. ', ne Chicago & Alton Railroad
Nj. Justice Lawrence delivered the opinion Of
This was bill 70. an injunction brought b. the
| anpclixpts asainst the appel: e. The oetcndau1
demurrea 10 the hill. Tee IN alton for an inJuuc-
line ~ Thc demurrer was sustained aud he o;ll
| dismiesed, Whetenpon the cumplanan:s appealed.
The subatancr Of tho bill ls briefly End correct ,
stated ID one Of the Arguments 1or appellant AZ
The coupla,n.nts ovn ard occupy warehouse
in the city Of I h'esgo, snnsn a. tns Nation .
railroad, and co1ne:sed wlh It By a aide track
about "a fsss in length and s.,n. situated
sD Sssseen n50eka tsas iso ard III, psstcpeef dep
The war,h2uac Is provided Win al the
ordinary mschtreT aud consenteuees fog tnse
cstahlished. ard up 10 the time Of the ae;s com
planned 4 il The oill, were eondu:t'tg 'e5se arg
and profitable business as righteousness. Thc
| r. ri the ru4i1p&S n fhc rnu11
coretsted in the t.oting ard the transfer OF grain
which was transported over the defendants road
aR e as g, asy
grnin GOES gnrd to them, without oaec,1on. Th,
side tIsck connecting the deteudart's road Wit!
The conplelHsnts' warehouse MA. constructed
nIder tIc following ci1cum.,ances: Tnc grant
oIs Of thu comp,ainsnts then be!nR the owncts 9
tic los upon which the warehunAc ia situated
passes on the 18Th OF September, .6t9, co1vege
10 the Pittsburgh. FoTt WaTuc & Chicago Hal
! way s,rp Of lana through 1he lot, to b. used b
the railroad COMPANY right Of waY. the graz
; being eubjcct to The following. among Other cor
/, dN1ona ''Tnat eait railroad company th*l
WHEN required, construct on and tor tne ase Of ID
5 SIDE isa1E and e"iteh.s, IN ail Il
, spects equal to those used BY the eomp1n7.
y 1hss aErermcnti was recorded, and the dsfen!
ant had notice Of The cotdltl fns. Suhscq1cn:l
the Pittsburgh, Fort Wa>ne i Chtcago HAL ~
conveyed an undivided half offs right Of way t
= The Jol1et tntesgo R..l1o.d: Of "hiea the 4,
y Fittsbugb, Forl Wayne 5. chicaeo K.iisay AZ
fenaant len began to refuse to deliver into the Coz
pialraut's warehouse the gt.1n consigned to
e although received by tho defendant with prop
!. rraln transported over It. road in,o,h warehou
q 81 Munn l. scott even when Unsigned h5 +
:, thlppcr 10 the National Elevator; and on the ~
Of Ap,1l. 1868, the defendant 1seusd the 'ollowl
q CHICAGO 4 ALTox RAILROAD. !