Ohio & Mississippi Railway Co. v. People ex rel. Lyman

Citations

• 121 Ill. 483
• 13 N.E. 236
• 1887 Ill. LEXIS 945

Syllabus

<p>1. Fencing bailed ads—erecting a fence within the line of the right of way. The statutory requirement that railway companies shall erect a fence on “both sides of the road, ” is not complied with by constructing a fence several feet within the right of way. The statute contemplates that the fences shall embrace the entire right of way.</p> <p>2. Same—remedy to compel the building of the fence at the proper place. Where a railway company, on notice to build a fence along its right of way by the owner of the land over which the road runs, erects a fence several feet inside its right of way, and refuses to let the land owner join his fences with the same, so as to inclose his land, mandamus will lie to compel the company to erect a fence along the line of its right of way.</p> <p>3. Mandamus—when there is another remedy. Under the statute, mandamus will lie in all cases, when it affords a proper and sufficient remedy for the enforcement of a legal right or an obvious duty, the performance of which involves no discretion, without regard to whether there may be some other-adequate remedy or not.</p>