Chicago Title & Trust Co. v. City of Chicago
Appellate Court of Illinois
Bill for an Injunction.—Appeal from the Superior Court of Cook County; thé Hon. Jesse Holdom, Judge presiding. Heard in the Branch Appellate Court at the October term, 1903. This is an appeal from an assessment of damages upon the dissolution of an injunction.
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Bill for an Injunction.—Appeal from the Superior Court of Cook County; thé Hon. Jesse Holdom, Judge presiding. Heard in the Branch Appellate Court at the October term, 1903. This is an appeal from an assessment of damages upon the dissolution of an injunction. On September 25, 1884, the then Town of Lake View-filed its bill of complaint against Parker R. Mason, Henry Kohlsaat and Peter,Kohlsaat, alleging, among other things, that blocks 5 to 16 of Pine Grove, a subdivision of part of fractional section 21, T. 40 H., R. 14, in Cook county, Illinois, extended from Evanston avenue to Lake…
1Opinion of the CourtJustice Stein
First. The proof tends to show that the lake washes sand and gravel upon the strip from time to time, and the wind drifts sand thereon; that the sand and gravel have a merchantable value, and Mason was in the habit of removing and selling them both before and after the injunction; that when holes were dug in the sand for the purpose of removing it, the wind arid the lake would in the course of time refill them; that gravel not taken is liable to be washed away and buried by the lake, and sand not caught is liable to drift and be blown away. It was upon the gravel and sand which disappeared…
2Cases cited5 opinions
- Shugart v. EganIllinois Supreme Court · 1876
- Schmidt v. MitchellIllinois Supreme Court · 1876
- Burnap v. WightIllinois Supreme Court · 1853
- Toledo, Wabash & Western Railway Co. v. MuthersbaughIllinois Supreme Court · 1874
- Collins v. SinclairIllinois Supreme Court · 1869
3Cited by4 opinions
- Village of Lake in the Hills v. Laidlaw Waste Systems, Inc.Appellate Court of Illinois · 1987
- Village of Wilsonville v. Earthline Corp.Appellate Court of Illinois · 1978
- Village of Wilsonville v. Earthline Corp.Appellate Court of Illinois · 1978
- Village of Wilsonville v. Earthline Corp.Appellate Court of Illinois · 1978