Village of Peotone v. Illinois Central Railroad
Illinois Supreme Court
Appeal from the Circuit Court of Will county; the Hon. R. W. HilschER, Judge, presiding. This is an appeal from the circuit court of Will county to reverse a decree granting a permanent injunction restraining the village of Peotone from further exercising authority and control over the west thirty feet of the appellee company’s right of way.
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Appeal from the Circuit Court of Will county; the Hon. R. W. HilschER, Judge, presiding. This is an appeal from the circuit court of Will county to reverse a decree granting a permanent injunction restraining the village of Peotone from further exercising authority and control over the west thirty feet of the appellee company’s right of way. In 1859 the Illinois Central Railroad Company sold section 24, in township 33, north, range 12, east of the third principal meridian, through which the company’s right of way extends, to Hosmer A. Johnson, except one hundred feet on each side of the…
1Opinion of the CourtJustice Farmer
Appellant does not claim that Railroad street was ever platted as a street or conveyed by appellee for such purposes. It bases its claim of right to the street upon the grounds of dedication, prescription under the common law and user under the statute. All of these grounds are earnestly urged and elaborately discussed by appellant in its brief and argument. Appellee discusses the questions arising upon the claim of dedication and common law prescription.
From a careful examination of the evidence, an epitome of which is contained in the statement of the case herein, we are impressed with the…
2Cases cited3 opinions
- City of Chicago v. Chicago, Rock Island & Pacific Railway Co.Illinois Supreme Court · 1894
- Township of Madison v. GallagherIllinois Supreme Court · 1895
- Dimon v. PeopleIllinois Supreme Court · 1856
3Cited by6 opinions
- Doss v. BunyanIllinois Supreme Court · 1914
- McCoy v. HouckIndiana Supreme Court · 1912
- City of Raton v. PollardCourt of Appeals for the Eighth Circuit · 1920
- Commissioners of Highways v. BrunerAppellate Court of Illinois · 1911
- Boss v. Illinois Central RailroadAppellate Court of Illinois · 1918
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