Alton & Upper Alton Horse Railway & Carrying Co. v. Deitz

Citations

• 50 Ill. 210

Syllabus

<p>1. Corporations—liability of horse railway companies for the damages resulting to others by the construction of their track. In an action on the cáse, against a horse railway company, for damages resulting to the plaintiff in consequence of the manner in which the defendant had constructed the track of its railroad, whereby the water was obstructed and the premises of plaintiff were overflowed, it was objected, on the trial, that the defendant could not be held liable, for the reason, that, by the act of incorporation, the company was required to construct its road subject to such restrictions as might be imposed by the corporate authorities of the city of Alton, and by the trustees of the town of Upper Alton, and that defendant had constructed its railway track under the limitations imposed by the city, and under the direction of the city engineer. Held, that there was no force in this objection ; that the company, by its acceptance of the charter with its conditions, and adoption of the terms imposed by the city and the plans prescribed by its engineer, which acts were purely voluntary, thereby rendered itself liable for damages resulting to others by the construction of its road, to the same extent as though the work bad been prosecuted under the direction of its own engineer.</p> <p>2. Same—Where an incorporated company of this character, accepts its charter and constructs a railway, it is an implied condition that they will not injure others by its construction or maintenance, and if injury results therefrom they must be held responsible for the damages.</p>