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ILLINOIS V. ILLINOIS CENTRAL R. CO., 184 U. S. 77 (1902)

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U.S. Supreme Court

Illinois v. Illinois Central R. Co., 184 U.S. 77 (1902)

Illinois v. Illinois Central Railroad Company

No. 28

Argued March 16, 1901

Decided February 3, 1902

184 U.S. 77

Syllabus

This case was before this Court in Illinois Central Railroad Company v. Illinois, 146 U. S. 387, and in that case the history of the litigation relating to the property involved is fully disclosed, and the court found that the structures made in the lake by the Railroad Company did not extend beyond the point of practical navigability, and upon the return of this cause to the circuit court, nothing was before that court except to inquire whether the structures erected by the Railroad Company extended into the lake beyond the point of practical navigability.

There was no error in holding that, in view of the manner in which commerce was conducted on the lake during the period of the investigation below, the structures erected by the Railroad Company did not extend into the water beyond the point of practical navigability.

The circuit court and the circuit court of appeals having concurred in finding that the structures in question did not extend into the lake beyond the point of practical navigability, the decree below should not be disturbed, unless it was clearly in conflict with the evidence.

The case is stated in the opinion of the court. chanroblesvirtualawlibrary

Page 184 U. S. 78





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