Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1895-01-19
RAILWAY RIGHTS.
An important Court Decision
on the Same.
THE CITY VS.. CORPORATION.

LII VIAL vOs OV01V6AxxV0s
Bloomington Defests the Illinois Central
In Case Similar to That of the r. 1. q
r. Here-The ID. l. ID. suit isceliAne-
Gus Items Picked Up About the Depots.
The supreme court of Illinois has
Just filed a decision that is import
ant to railroad companies in connec-
ton with municipal corporations.
The case is entitled Illinois Central
Railway company VS.. city of Bloom
ington, and the litigation springs
from a controversy somewhat similar
to that in which the First avenue
property holders and the X. l. & p.
railway are engaged in this city.
For a great many years the right OF
way of the Illinois Ce trail that lies
west of the track and between Wash
ington and Chestnut streets in
Bloomington has been open to pub
lie use aud been used more or less
for street. Some time ago the rail-
road sought to exercise control over
the ground. which has grown to be
quite valuable. The company fenced
it in, but the city removed the fence.
claiming that the ground had been
used as public street for more than
twenty years and that a street had
become established. The railroad
company sued the city and the case
in the circuit court was decided in
favor of the city. The supreme
court has just affirmed the decision,
deciding that 3 street had become es-
tablished, and that the railroad COM
pany could not reclaim the property.
There is vast amount of railroad
right-of-way land in Illinois and in
other states that will be affected by
the decision. Several similar cases
are now in litigation in Illinois.
The Lower Court Su, taincd.
The supreme court has affirmed
the decision of the district court of
Scott county in the case of Wolf &
Gaines VS. the d., I. & ID. railroad
company ct al. which was appealed
by the plaintiff In addition to the
railroad company, the Farmers Loan
and Trust company of New York was
also made a defendant in the suit
Williams Il Flynn were given the
contract by the D., I. & ID. company
for the construction of its lines from
Davenport some 80 miles to the
crossing of the c. & n. W. f. Fitzpat-
rick was sub-contractor with Will
l;ams & Flynn, and Wolf Il Gaines
were sub-contractors under FitZpat-
rick. There is due for labor per-
formed on said contract $7,039. 10
with interest since Nov 10, 1892, for
which they now ask to establish a
lien on defendant company's lines.
To preserve its lien under Fitzpat-
rick the statement should have been
flied by Dec. 21, 1883. A statement
was filed Jan. q, 1894, aud notice
given the railroad company. The
district court gave a judgment for
plaintiff for amount above stated
against Defendant Fitzpatrick. and
denied the lien sought by dismissing
the petition as to other defendants
for want of equity. From this de-
cision Wolf & Gaines appealed to the
supreme court, which now affirms the
finding.
Change In the C., b. & q. Time.
A new time card goes into effect on
the c., b. & Q. tomorrow at noon.
The st. Louis train leaving here at
$40 has been changed to 6:55 a. IN. ;
returning from St. Louis it will reach
here at 7:25 instead of 7:10 a. M;
the Sterling, Dubuque and st. Paul ex-
press reaching here at 1855 has been
changed to 7:45 p. m, and the
Beardstown passenger will hereafter
arrive at Ills instead of 1925 q. m.
Depot Gossip.
Fireman Joe Clapper. of the c.. X.
l. & p, is laid up with slight indis'
position.
Brakeman George Trent. of the c.,
b. Il O., is laying off, sick. John
Terry is taking his run.
Engineers Connie. O'Brien and Ed
Mosley. of the Rock Island, who have
been under the weather for a week OF
80, are again back at their posts.
Engineer W. Carrigan has given uT
his time freight run between here
and Savanna. He will hereafter run
between Savanna and Milwaukee,
Engineer HagedOrne succeeds him.
| Conductor j. Il. Brown and family
have removed to this city from
Beardstown, from which place he ha:
been transferred on account of poor
business. He has been given brak
ing run here on the c., b. 4 q.
In Oiden Times