City of Belleville v. St. Clair County Turnpike Co.
Illinois Supreme Court
Appeal from the Circuit Court of St. Clair county; the Hon. R. D. W. Holder, Judge, presiding. This is a bill for injunction filed by appellee in the circuit court of St. Clair county October 16, 1906, praying that appellant, its officers and agents might be restrained from maintaining upon any part of a certain turnpike, toll gates, bars and obstructions in territory within the limits of said city of Belleville.
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Appeal from the Circuit Court of St. Clair county; the Hon. R. D. W. Holder, Judge, presiding. This is a bill for injunction filed by appellee in the circuit court of St. Clair county October 16, 1906, praying that appellant, its officers and agents might be restrained from maintaining upon any part of a certain turnpike, toll gates, bars and obstructions in territory within the limits of said city of Belleville. October 27, 1906, a temporary order of injunction was entered by one of the judges of that court. After the pleadings were finally settled the case was heard upon bill, answer and…
1Opinion of the CourtJustice Carter
The charter of appellant, in consideration of building and keeping in repair the turnpike, conferred upon it the right to exact certain tolls for twenty-five years, and as much longer as the State should fail to purchase the road. The charter was a contract. (Turnpike Co. v. Illinois, 96 U. S. 63; St. Clair County Turnpike Co. v. People, 82 Ill. 174.) The interest of appellant, under its charter, in the public highway in question has been called by this court an easement. (Trotier v. St. Louis, Belleville and Suburban Railway Co. 180 Ill. 471.) Whether the interest of appellant is denominated…
2Cases cited20 opinions
- Chicago, Burlington & Quincy Railroad v. ChicagoSupreme Court of the United States · 1897
- Chicago, Burlington & Quincy Railway Co. v. Illinois ex rel. Drainage CommissionersSupreme Court of the United States · 1906
- Minnesota v. BarberSupreme Court of the United States · 1890
- Covington & Lexington Turnpike Road Co. v. SandfordSupreme Court of the United States · 1896
- Rigney v. City of ChicagoIllinois Supreme Court · 1881
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- Littell v. City of PeoriaIllinois Supreme Court · 1940
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