Ohio & Mississippi Railway Co. v. Russell

Citations

• 115 Ill. 52
• 3 N.E. 561

Syllabus

<p>1. Fencing eaiijBoads—building fence by land owner after notice to the company—who shall be liable to the owner. Where a railway company neglects or refuses to build a fence along its right of way, so as to prevent stock from getting upon its track, after notice by the owner of adjoining land, the owner or occupant of such adjoining land may build the fence, and bring his action to recover double the value thereof, against either the corporation owning the road, or any other party actually occupying or using such railroad, at his election.</p> <p>2. Same—effect of a receivership upon liability of the company. In an action against a railway company to recover double the value of a fence built by the owner or occupant of premises adjoining its right of way, after neglect or refusal of the company to build the same on notice, it is no defence, so far as the corporation is concerned, that its property, etc., is in the hands of a receiver, or is used by another party.</p> <p>3. Same—as a police regulation. The statute requiring a railway company within a certain time to fence its right of way, is a police regulation of the State, and it is not within the jurisdiction of any court, either State or Federal, to arrest its operation.</p> <p>4. Beceivebship—of corporation—continued existence and exercise of corporate franchises. The appointment of a receiver for a corporation gives the receiver only the temporary management of its affairs, under the direction of the court. The corporation still exists, and may nevertheless exercise any of its franchises, so it does not interfere with the rightful management pf its affairs by the receiver, so far as his duties are defined by the court appointing him.</p> <p>5. Injunction—extent of its restraining effect. On the appointment of a receiver for a railroad company, the court, by injunction, prohibited the company from interfering with the property, or disturbing the possession of the receiver; but this would not operate to preve