Toledo, Peoria & Warsaw Railway Co. v. Sieberns

Citations

• 63 Ill. 217

Syllabus

<p>Fencing bailboads—where the local proprietors build the fence under the act of 1869. In an action of debt against a railroad company, brought under the statute of 1869, to recover the price of a fence built by the plaintiff along the line of the defendant’s right of way where the same crossed the premises of the plaintiff, it appeared the plaintiff had given the defendant notice, in conformity with the provisions of the statute, to build a certain line of fence, and the company having failed to build any of the fence within the time allowed, the plaintiff built one-half of the same and brought his suit for the price: Held, that the failure of the plaintiff to build the other half of the fence described in the notice, did not affect his right to recover for the portion he did build. It being the duty of the company, in such case, in the first place, to build the fence, if they fail to do so they ought to be required to pay for the same as fast as any considerable portion of the work is completed.</p>