Legal Opinion

People ex rel. City of Chicago v. Illinois Central Railroad

Illinois Supreme Court

Decided June 18, 1908PublishedCited by 14 opinions

Appeal from the Circuit Court of Cook county; the Hon. Lockwood Honors, Judge, presiding. This suit was begun by appellant, the city of Chicago, filing a petition praying a writ of mandamus against appel-lee, the Illinois Central Railroad Company, ordering and directing said railroad company to re-construct the pavement and repair the sidewalks at the sub-way crossing of said railroad and Sixty-third street, in the city of Chicago.

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Appeal from the Circuit Court of Cook county; the Hon. Lockwood Honors, Judge, presiding. This suit was begun by appellant, the city of Chicago, filing a petition praying a writ of mandamus against appel-lee, the Illinois Central Railroad Company, ordering and directing said railroad company to re-construct the pavement and repair the sidewalks at the sub-way crossing of said railroad and Sixty-third street, in the city of Chicago. At the time the Illinois Central Railroad Compañy was constructed there was no Sixty-third street and no crossing at the place where it is now located. Said street…

1Opinion of the CourtJustice Farmer

The elevation of appellee’s tracks rendered necessary-tearing up the pavement and sidewalks and lowering the surface of the street under the tracks for a sufficient distance on each side to provide proper and suitable approaches to the sub-way. All this was done by appellee at its own expense. Appellant contends that it is appellee’s duty to forever maintain and keep in repair said street and sidewalks; that the ordinance requiring it to do this is' not in violation of the charter provisions of appellee, and is a valid exercise of the police powers of the city of Chicago under its charter and…

2Cases cited7 opinions

  1. State ex rel. City of Minneapolis v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1906
  2. Town of Lake View v. Rose Hill Cemetery Co.Illinois Supreme Court · 1873
  3. Blanchard v. Lake Shore & Michigan Southern Railway Co.Illinois Supreme Court · 1888
  4. Chicago & Northwestern Railway Co. v. City of ChicagoIllinois Supreme Court · 1892
  5. Ruhstrat v. PeopleIllinois Supreme Court · 1900

2 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. McElligott v. Illinois Central RailroadIllinois Supreme Court · 1967
  2. Kreicker v. Naylor Pipe Co.Illinois Supreme Court · 1940
  3. City of Chicago v. Pittsburgh, Ft. Wayne & Chicago Railway Co.Illinois Supreme Court · 1910
  4. Sanitary District v. Chicago & Alton RailroadIllinois Supreme Court · 1915
  5. Carr v. Chicago & Northwestern Railway Co.Appellate Court of Illinois · 1948

9 more not listed; retrieve them via the Exa API.

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