Illinois Court of Claims Opinions
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Chicago and Northwestern Railway Company v. State of Illinois

8 Ill. Ct. Cl. 158 Illinois Court of Claims Filed 1934-09-18 No. 1828
Disposition: (No. 1828-Claimant awarded $209.15.) Award: $209.15 Agency: Illinois Department of Public Works and Buildings
Cite as: Chicago and Northwestern Railway Company v. State of Illinois, 8 Ill. Ct. Cl. 158 (1934)
Legacy General 8 awarded 1930s Chicago and Northwestern Railway Company v. State of Illinois 8 Ill. Ct. Cl. 158 1934-09-18 (No. 1828-Claimant awarded $209.15.) /opinions/v08-p0148-1/

CHICAGO AND NORTHWESTERN RAILWAY COMPANY, ACORPORATION, Claimant, v. STATE OF ILLINOIS, Respondent.

Case summary

Claimant sought reimbursement for $209.15 spent removing grade crossing obstructions at the direction of the Illinois Commerce Commission and the Division of Highways. The court allowed the claim, finding it correct and that claimant acted in good faith pursuant to a legal agreement.

Claim type: Other

AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.

Headnotes

  1. REIMBURSEMENT-when award will be made for. Where claimant in good faith, upon agreement with State Department and in compliance with order of Commerce Commission removed obstructions at grade crossing in connection with construction of State road, location of which was changed under court decision preventing State department from expending moneys in connection with location as originally planned, an award will be made for the amount expended in so doing.

There is no dispute of facts as to this claim. It appears that during June and July of 1927 complainant, in compliance with an order of the Illinois Commerce Commission, made at the instance of the Division of Highways, expended $209.15 in removing obstructions at a grade crossing in connection with S. B. I. Route No. 18. The location of the route was changed under a decision of the Supreme Court, and the Department of Public Works and Buildings was thereafter unable to expend any money in connection with the location as originally planned, and for that reason the said claim of $209.15 has remained unpaid. It appears from the record that the claim is correct and that the claimant was acting in good faith when the claim arose, and the work was done; that same is in pursuance of a legal agreement between the parties, and the claim should be paid.

Claim is allowed, and an award recommended in the sum of Two Hundred Nine and 15/100 Dollars ($209.15).

Official volume 8 (Containing cases in which opinions were filed between July 1, 1933–June 30, 1935, and advisory Opinions furnished University of Illinois)  ·  All opinions in this volume  ·  Also on CourtListener

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