Stewart v. Chicago General Street Railway Co.
Appellate Court of Illinois
Bill for Belief.—Appeal from the Circuit Court of Cook County; the Hon. Thomas G. Windes, Judge, presiding. Submitted at the March term, 1895. Statement of the Case.
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Bill for Belief.—Appeal from the Circuit Court of Cook County; the Hon. Thomas G. Windes, Judge, presiding. Submitted at the March term, 1895. Statement of the Case. The bill in this case is stated in the abstract of the record to be as follows-: Bill of complaint by Alexander M. Stewart, filed November 26, 1894, that he is the owner of fifty feet of frontage on Lawndale avenue, Chicago; that the West and South Towns Street Railway Company is incorporated under the laws of Illinois, commonly called the act in regard to horse and dummy railways; that on February 8, 1892, the city council of…
1Opinion of the Court
Me. Presiding Justice Waterman
delivered the opinion of the Court.
The first question for consideration upon this appeal is whether a court of equity will, in the case presented by appellant’s bill, interfere at the suit of an owner of abutting property to restrain the use, for public purposes, of a street by a private corporation.
The question really is, whether an abutting owner has such a private right—vested interest—in the use to which a public street may be put, that he is entitled to have such private right and interest respected and protected by the people’s writ of injunction.
It is…
2Cases cited35 opinions
- The People v. . KerrNew York Court of Appeals · 1863
- City of Chicago v. Union Building Ass'nIllinois Supreme Court · 1882
- Chicago & Eastern Illinois Railroad v. LoebIllinois Supreme Court · 1884
- Stetson v. Chicago & Evanston RailroadIllinois Supreme Court · 1874
- Field v. BarlingIllinois Supreme Court · 1894
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3Cited by2 opinions
- Bond v. Pennsylvania Co.Appellate Court of Illinois · 1897
- Dore v. Northwestern Elevated R. R. Co.Appellate Court of Illinois · 1896