Toledo, Wabash & Western Railway Co. v. Green

Citations

• 67 Ill. 199

Syllabus

<p>1. Abatement op private nuisance. Where a hedge planted by the owner on his own land is suffered to grow and extend over the right of way of a railway company so as to obstruct it, the company will have the clear right, and it is their duty, to trim such hedge, doing no unnecessary damage.</p> <p>2. Contract-to purchase hedge as inferred from acts of ownership-Where the owner of land adjoining a right of way of a railway company set out and raised a hedge upon his own land, but near to the right of way, before any law requiring railway companies to fence their road, and the company, with the assent of the owner, had the same trimmed, on the assumption that it obstructed their right of way, in a suit by the owner to recover the value of the hedge, on the ground of a sale and purchase, where no grant of the realty had been made and no express contract was shown: Held, that the acts of the company did not establish the fact of a purchase, as they were susceptible of a different explanation.</p>