Suburban Railroad v. Metropolitan West Side Elevated Railroad

The parties to this writ of error are both corporations of this State organized under the general Railroad law, and the question involved is whether the defendant in error can lawfully take and appropriate to its use, by the right of eminent domain, property acquired by plaintiff in error for the same public use.

Defendant in error owns and operates an elevated railroad in the city of Chicago, built and operated for a time by another company and acquired by defendant in error through a foreclosure and sale. The city council of Chicago authorized the company that built the road to construct it…