City of Chicago v. Union Stock Yards & Transit Co.
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. Francis Adams, Judge, presiding. The appellee filed its bill in equity to restrain appellant and its commissioner of public works from removing, or causing to be removed, the railroad tracks, side-tracks, switches and turn-outs which constitute the railroad connecting appellee’s stock yards on the west with the Illinois Central and Michigan Central railroads on the east, and with intermediate connecting roads, in…
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Appeal from the Circuit Court of Cook county; the Hon. Francis Adams, Judge, presiding. The appellee filed its bill in equity to restrain appellant and its commissioner of public works from removing, or causing to be removed, the railroad tracks, side-tracks, switches and turn-outs which constitute the railroad connecting appellee’s stock yards on the west with the Illinois Central and Michigan Central railroads on the east, and with intermediate connecting roads, in pursuance of a resolution of appellant’s city council adopted on the 26th of March, 1894. This resolution was as follows:…
1Opinion of the CourtJustice Carter
It is in the first place contended by appellant that appellee has not maintained its right to the decree enjoining appellant from removing the railroad tracks from the streets in question, because, as it is claimed, there is no competent evidence in the record that appellee ever obtained the consent of the municipal authorities of the village of Hyde Park and town of Lake, through which village and town the railroad was built, to lay the tracks across such streets. It is not denied that such consent was necessary, but appellee insists that the required consent was in fact given, although no…
2Cases cited13 opinions
- Butchers' Union Slaughter-House & Live-Stock Landing Co. v. Crescent City Live-Stock Landing & Slaughter-House Co.Supreme Court of the United States · 1884
- Chicago, Rock Island & Pacific Railroad v. City of JolietIllinois Supreme Court · 1875
- St. Paul & Chicago Railway Co. v. McLeanSupreme Court of the United States · 1883
- Babbage v. . PowersNew York Court of Appeals · 1891
- Kadish v. Garden City Equitable Loan & Building Ass'nIllinois Supreme Court · 1894
8 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- Carpenters' Union v. Citizens Committee to Enforce the Landis AwardIllinois Supreme Court · 1928
- State Upon the Information of McKittrick v. Missouri Utilities Co.Supreme Court of Missouri · 1936
- Lyman v. LymanSupreme Court of Connecticut · 1916
- Smith v. St. Paul, Minneapolis & Manitoba Railway Co.Washington Supreme Court · 1905
- Leo Feist, Inc. v. YoungCourt of Appeals for the Seventh Circuit · 1943
45 more not listed; retrieve them via the Exa API.