Village of Upper Alton v. Alton Gas & Electric Co.
Appellate Court of Illinois
Mandamus. Appeal from the Circuit Court of Madison county; the Hon. Geobge A. Cbow, Judge, presiding. Heard in this court at the October term, 1910.
1Per curiam
The Circuit Court properly sustained the demurrer to the said petition for several causes specified in appellee’s demurrer, all of which are challenged as insufficient by appellant.
First. It is optional with appellee as to whether or not it will lay its gas mains on any or all of the streets named in the petition. A careful examination of the ordinance in all its parts does not reveal a single section or sentence that imposes on appellee a positive obligation to lay and maintain gas mains in every one of the nine streets mentioned in the ordinance. Particularly must we so hold in the absence…
2Cases cited7 opinions
- Northern Pacific Railroad v. Washington Territory Ex Rel. DustinSupreme Court of the United States · 1892
- Kenneally v. City of ChicagoIllinois Supreme Court · 1906
- People Ex Rel. Attorney-General v. New York, Lake Erie & Western R. R.New York Court of Appeals · 1887
- People ex rel. Beardsley v. City of Rock IslandIllinois Supreme Court · 1905
- State ex rel. Attorney General v. Southern Minnesota RailroadSupreme Court of Minnesota · 1871
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3Cited by3 opinions
- Village of Orland Hills v. Citizens Utilities Co.Appellate Court of Illinois · 2004
- Zeilda Forsee Investment Co. v. St. Joseph Gas Co.Missouri Court of Appeals · 1917
- Village of Orland Hills v. Citizens Utilities Co.Appellate Court of Illinois · 2004