Legal Opinion

Chicago, Burlington & Quincy Railway Co. v. Illinois ex rel. Drainage Commissioners

Supreme Court of the United States

Decided March 5, 1906No. 157PublishedCited by 360 opinions

ERROR TO THE SUPREME COURT OF THE STATE OF ILLINOIS. This is a contest between certain Drainage Commissioners in Illinois' and the Chicago, Burlington and Quincy Railway Company, as to the validity of a demand made by the former that the latter should, remove the bridge and culvert now maintained by it over Rob Roy Creek, in Kendall County, Illinois, and, if it continues to maintain a bridge and culvert at the same point, that one be substituted that will meet the…

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ERROR TO THE SUPREME COURT OF THE STATE OF ILLINOIS. This is a contest between certain Drainage Commissioners in Illinois' and the Chicago, Burlington and Quincy Railway Company, as to the validity of a demand made by the former that the latter should, remove the bridge and culvert now maintained by it over Rob Roy Creek, in Kendall County, Illinois, and, if it continues to maintain a bridge and culvert at the same point, that one be substituted that will meet the requirements of a certain plan of drainage adopted by those "Commissioners. -Let us see in what way the dispute', •.arises. This…

1Opinion of the CourtJustice Harlan

1. The first question is one of the authority of this court to review the judgment below. As we have seen, the railway company insisted in the court of original jurisdiction that the statute .under which the Drainage Commissioners proceeded *580could not be applied in this case without taking its property for public use without compensation, and therefore depriving it of property without due process of law, or without denying to it the equal protection of the laws guaranteed by the Com-stitution of the United States. The judgment of the trial court was adverse to that view. In the Supreme Court…

2Cases cited25 opinions

  1. Gibbons v. OgdenSupreme Court of the United States · 1824
  2. Mugler v. KansasSupreme Court of the United States · 1887
  3. Chicago, Burlington & Quincy Railroad v. ChicagoSupreme Court of the United States · 1897
  4. Monongahela Navigation Co. v. United StatesSupreme Court of the United States · 1893
  5. Transportation Co. v. ChicagoSupreme Court of the United States · 1879

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3Cited by360 opinions

  1. Philadelphia Co. v. StimsonSupreme Court of the United States · 1912
  2. Miller v. Board of Public Works of Los AngelesCalifornia Supreme Court · 1925
  3. Eubank v. City of RichmondSupreme Court of the United States · 1912
  4. Omnia Commercial Co. v. United StatesSupreme Court of the United States · 1923
  5. Atlantic Coast Line R. Co. v. North Carolina Corporation Comm'nSupreme Court of the United States · 1907

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