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.
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Headnotes
- 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).