Legal Opinion

Phelps v. Lake Street Elevated Railroad

Appellate Court of Illinois

Decided November 18, 1895PublishedCited by 6 opinions

Bill for Injunction.—Appeals from an order of the Circuit Court of Cook County granting an interlocutory injunction; the Hon. Oliver H. Horton, Judge, presiding. Heard in this court at the October term, 1895.

1Opinion of the Court

Me. Presiding Justice Gary

delivered the opinion of the Court.

Each of these five cases involves one question, common to them all, which—as we decide it—determines for this court the law so far as the judgment of this intermediate court can determine a question which may thereafter be presented to the Supreme Court.

It is wholly unnecessary to go into detail about the facts. The question is, can street abutting' property owners, freehold or leasehold, or persons conducting business upon a street, have an injunction to prevent the construction of an elevated railroad upon such street, on the…

2Cases cited2 opinions

  1. Rigney v. City of ChicagoIllinois Supreme Court · 1881
  2. Corcoran v. Chicago, Madison & Northern RailroadAppellate Court of Illinois · 1890

3Cited by6 opinions

  1. Chicago General Ry. Co. v. West Chicago St. R. R.Appellate Court of Illinois · 1896
  2. Bond v. Pennsylvania Co.Appellate Court of Illinois · 1897
  3. Dore v. Northwestern Elevated R. R. Co.Appellate Court of Illinois · 1896
  4. Palmer v. Union Elevated R. R. Co.Appellate Court of Illinois · 1896
  5. South Chicago City Railway Co. v. Calumet Electric St. Ry. Co.Appellate Court of Illinois · 1897

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