Legal Opinion

Moses v. Pittsburgh, Fort Wayne & Chicago Railroad

Illinois Supreme Court

Decided April 15, 1859PublishedCited by 47 opinions

This was a bill in chancery filed by the appellants against the appellees on the 22nd day of March, 1858, in the Circuit Court of Cook county, setting forth— That on the 18th day of June, A. D. 1855, there was, and before that time had been, a certain street or public highway called Beach street, commencing at or near the south line of block seventy-three, in school section addition to Chicago, and running thence north to Harrison street, in said city, of the width of forty…

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This was a bill in chancery filed by the appellants against the appellees on the 22nd day of March, 1858, in the Circuit Court of Cook county, setting forth— That on the 18th day of June, A. D. 1855, there was, and before that time had been, a certain street or public highway called Beach street, commencing at or near the south line of block seventy-three, in school section addition to Chicago, and running thence north to Harrison street, in said city, of the width of forty feet, including the spaces on each side for sidewalks, which said street was as above described, marked and laid out…

1Opinion of the CourtCaton, C. J.

By its charter this company was authorized to bring its road to Chicago, and to acquire property within the city. By this it was intended to allow the road to run into the city. It was not the intention that it should be compelled to stop so soon as it touched the city limits, and thus render the road comparatively useless both to the public and the company. The language of the charter requires no such limited construction, and the objects of the law would be evidently frustrated by so illiberal an interpretation.

But the complainant is the owner of property on Beach street, and the Common…

2Cited by47 opinions

  1. City of Clinton v. Cedar Rapids & Missouri River RailroadSupreme Court of Iowa · 1868
  2. Chicago & Eastern Illinois Railroad v. LoebIllinois Supreme Court · 1884
  3. Ligare v. City of ChicagoIllinois Supreme Court · 1891
  4. Chicago, Rock Island & Pacific Railroad v. City of JolietIllinois Supreme Court · 1875
  5. Grand Rapids & Indiana R. R. v. HeiselMichigan Supreme Court · 1878

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