Thornton v. Stevens Coal Co.
Appellate Court of Illinois
Proceeding to enjoin construction of side-track. Appeal from the Superior Court of Cook County; the Hon. Jesse Holdom, Judge, presiding. Heard in this court at the March term, 1904.
1Opinion of the CourtJustice Adams
The question to be decided is whether a bill in equity to enjoin the railroad companies from constructing an elevated side track from their main elevated track to the coal yard of the Stevens Coal Company can be maintained. The main contention of appellant’s counsel, and the basis of their entire argument, is that the proposed construction of the side track is for private use. If this contention is untenable, the conclusion at which counsel have arrived, namely, that appellant’s remedy is by bill in equity for an injunction, is erroneous.
In People v. Blocki, 203 Ill. 363, the court say: “The…
2Cases cited6 opinions
- Doane v. Lake Street Elevated RailroadIllinois Supreme Court · 1896
- City of Quincy v. BullIllinois Supreme Court · 1883
- People ex rel. Rinne v. BlockiIllinois Supreme Court · 1903
- Truesdale v. Peoria Grape Sugar Co.Illinois Supreme Court · 1881
- Mills v. ParlinIllinois Supreme Court · 1883
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