Aurora & Geneva Railway Co. v. Harvey
Illinois Supreme Court
Appeal from the Circuit Court of Kane county; the Hon. George W. Brown, Judge, presiding. This is an appeal from the decision of the circuit court of Kane county in a proceeding under the act in regard to horse and dummy railroads of this State, instituted by appellant, against appellees, to condemn the real estate described in its petition.
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Appeal from the Circuit Court of Kane county; the Hon. George W. Brown, Judge, presiding. This is an appeal from the decision of the circuit court of Kane county in a proceeding under the act in regard to horse and dummy railroads of this State, instituted by appellant, against appellees, to condemn the real estate described in its petition. The parties interested in this appeal- have been before this court at a former term, (see Harvey v. Aurora and Geneva Railway Co. 174 Ill. 295,) and as two of the disputed questions now presented grow out of the construction and effect to be given to our…
1Opinion of the CourtJustice Wilkin
This appeal presents three questions: First, were amendments to the petition properly allowed on the reinstatement of the cause, after the reversal and remandment by this court; second, what interpretation is to be given to the word “necessary,” in the Horse and Dummy Railroad act; and third, has such necessity been shown as will warrant the condemnation of the property in question.
First—It is strenuously insisted on behalf of appellees that the circuit court erred in permitting appellant to amend its petition on the re-instatement of the case after its reversal and remandment by this court.…
2Cases cited4 opinions
- Commissioners of Parks & Boulevards v. MoestaMichigan Supreme Court · 1892
- Coates v. Mayor, Aldermen, & Commonalty of New YorkNew York Supreme Court · 1827
- Washburn & Moen Manufacturing Co. v. Chicago Galvanized Wire Fence Co.Illinois Supreme Court · 1886
- Palmer v. WoodsIllinois Supreme Court · 1894
3Cited by33 opinions
- Illinois Bell Telephone Co. v. FoxIllinois Supreme Court · 1949
- Harjo v. JohnstonSupreme Court of Oklahoma · 1940
- Kinney v. LindgrenIllinois Supreme Court · 1940
- Roggenbuck v. BreuhausIllinois Supreme Court · 1928
- In re Estate of MaherIllinois Supreme Court · 1904
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