{
  "id": 868997,
  "name": "Sturgeon Bay and Lake Michigan Ship Canal and Harbor Co. v. John Leatham et al.",
  "name_abbreviation": "Sturgeon Bay & Lake Michigan Ship Canal & Harbor Co. v. Leatham",
  "decision_date": "1896-02-11",
  "docket_number": "",
  "first_page": "386",
  "last_page": "387",
  "citations": [
    {
      "type": "official",
      "cite": "62 Ill. App. 386"
    }
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  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
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  "cites_to": [
    {
      "cite": "10 Ind. App. 28",
      "category": "reporters:state",
      "reporter": "Ind. App.",
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    {
      "cite": "60 Ill. App. 516",
      "category": "reporters:state",
      "reporter": "Ill. App.",
      "case_ids": [
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      "case_paths": [
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  "last_updated": "2023-07-14T19:10:11.174453+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "Sturgeon Bay and Lake Michigan Ship Canal and Harbor Co. v. John Leatham et al."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Gary\ndelivered the opinion of the Court.\nNo statement of facts is necessary in this case, as the single question is, whether section eight of the charter of the company authorizes it to charge tolls on steam tugs passing through the canal.\nThe words to be considered are: \u201c The directors shall .have power to regulate tolls and charges upon all boats, vessels, steamboats and other craft used for the transportation of freight and passengers on and along the canal of said company, and for the use of any steam tugs owned by said company.\u201d\nNo multiplication of words can make clearer than it is on the face of the sentence, that the words \u201c used for the transportation of freight and passengers,\u201d apply to and 'qualify the words \u201c boats, vessels, steamboats, and other craft.\u201d\nA somewhat similar question was\u2019 in Rice v. Tolman Co., 60 Ill. App. 516, and a like decision made, citing John A. Tolman Co. v. McClure, 10 Ind. App. 28.\nThe qualifying words do not mean that the boats, etc., shall be used for the transportation of both freight and passengers, but for either. \u201c And \u201d is often used interchangeably with \u201c or,\u201d the meaning being determined by the context. 1 Am. & Eng. Ency. of Law, 569.\nThe court below held that tugs not used for transportation of anything, but only for towing, were not required to pay tolls.\nIn this we concur, and the judgment is affirmed.",
        "type": "majority",
        "author": "Mr. Presiding Justice Gary"
      }
    ],
    "attorneys": [
      "Schuyler & Kremer, and Herrick, Allen & Boyesen, attorneys for appellant.",
      "E. A. Sherburne, counsel for appellees."
    ],
    "corrections": "",
    "head_matter": "Sturgeon Bay and Lake Michigan Ship Canal and Harbor Co. v. John Leatham et al.\n1. Statutes\u2014Construction of.\u2014A law providing that the directors of a ship canal and harbor may regulate tolls upon all boats, vessels, steamboats and other craft, used in the transportation of freight and passengers upon such canal, does not authorize a charge of tolls on steam tugs used only for towing purposes.\n2. Same\u2014Qualifying Words.\u2014In a charter of a harbor and canal company, authorizing the charging of tolls upon all water craft used in the transportation of freight and passengers, it was held that the qualifying words do not mean that such craft shall be used for the transportation of both freight and passengers, but for either.\nAssumpsit, for tolls, etc.\u2014Appeal from the Circuit Court of Cook Comity; the Hon. John Gibbons, Judge, presiding. Heard in this court at the October term, 1895.\nAffirmed.\nOpinion filed February 11, 1896.\nSchuyler & Kremer, and Herrick, Allen & Boyesen, attorneys for appellant.\nE. A. Sherburne, counsel for appellees."
  },
  "file_name": "0386-01",
  "first_page_order": 382,
  "last_page_order": 383
}