Chicago, Burlington & Quincy Railroad v. West Chicago Street Railroad
Illinois Supreme Court
Writ op Error to the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Bichard S. Tuthill, Judge, presiding. This is a bill filed by plaintiff in error, a steam railroad company, to enjoin the defendant in error, a street railroad company, from laying the tracks of the latter across the tracks of the former upon Ashland and Western avenues in the city of Chicago.
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Writ op Error to the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Bichard S. Tuthill, Judge, presiding. This is a bill filed by plaintiff in error, a steam railroad company, to enjoin the defendant in error, a street railroad company, from laying the tracks of the latter across the tracks of the former upon Ashland and Western avenues in the city of Chicago. The defendant company answered the bill admitting some of its allegations and denying others. Beplication was' filed to the answer. A preliminary injunction was…
1Opinion of the CourtJustice Magruder
By permission of the common council of Chicago embodied in an ordinance passed in 1862, the plaintiff in error, a steam railroad company carrying both passengers and freight, laid its tracks across Ashland and Western avenues in 1864, and has been operating its trains over said tracks ever since. It claims, that the city owns a mere easement in those avenues or streets at the points where its tracks cross the same, and that it owns the fee-subject to the easement in favor of the public. The defendant in error, a street railway company, under and by virtue of an ordinance of the common council…
2Cases cited10 opinions
- Ligare v. City of ChicagoIllinois Supreme Court · 1891
- Chicago & Northwestern Railway Co. v. City of ChicagoIllinois Supreme Court · 1892
- Stetson v. Chicago & Evanston RailroadIllinois Supreme Court · 1874
- Attorney General v. Metropolitan RailroadMassachusetts Supreme Judicial Court · 1878
- Indianapolis, Bloomington & Western Railroad v. HartleyIllinois Supreme Court · 1873
5 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Doane v. Lake Street Elevated RailroadIllinois Supreme Court · 1896
- Blumenthal v. City of CheyenneWyoming Supreme Court · 1947
- Peoples Gas Light & Coke Co. v. City of ChicagoIllinois Supreme Court · 1952
- Kinsey v. Union Traction Co.Indiana Supreme Court · 1907
- Chicago Union Traction Co. v. City of ChicagoIllinois Supreme Court · 1902
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