Brown v. Wabash Railway Co.

Citations

• 96 Ill. 297
• 1880 Ill. LEXIS 33

Syllabus

<p>1. Jurisdiction in chancery—remedy at jaw. Where there is a remedy at law, as a general rule a court of chancery will not take jurisdiction.</p> <p>2. Same—as to unliquidated damages. A court of equity has no jurisdiction of a suit involving a question of unliquidated damages arising from a tort. It will not entertain a bill filed to recover damages for the death of a person through negligence of a railroad company, although the road at the time of the injury was in the hands of a receiver, and under his entire control, and he has conveyed the road to purchasers subject to all liabilities incurred by the receiver in operating the road.</p> <p>3. Conveyance—subject to liabilities and charges. Where a company take and retain possession of a railroad and other property of a former company under a deed made under a decree of court for a sale of the property, the deed containing a clause “ that said estate and interest are, hereby charged with and shall pass by virtue of these presents, subject to the payment of all liabilities incurred in respect to the said railroad, or its business, by the said receiver,” during the pendency of the legal proceedings in which the receiver was appointed, the grantee company will hold the property conveyed to it, subject to the payment of such liabilities as the receiver had incurred while he had the possession and control of the road.</p> <p>4. Same—of the remedy. It seems in such a case, if the receiver is liable for a personal injury arising from the negligent management of the road, the party injured, or his representative, must first sue at law and settle the question of the receiver’s liability, and the amount of damages, and then file a bill in equity against the grantee company.</p>