Cleveland, Cincinnati, Chicago & St. Louis Ry. Co. v. Munsell
Illinois Supreme Court
Writ of Error to the Circuit Court of McLean county; the Hon. Colostin D. Myers, Judge, presiding. In 1869 the Danville, Urbana, Bloomington and Pekin Railway Company condemned a right of way one hundred feet wide through Munsell’s farm of three hundred and sixty-four acres in McLean county and paid to Mm §150, the amount allowed as compensation.
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Writ of Error to the Circuit Court of McLean county; the Hon. Colostin D. Myers, Judge, presiding. In 1869 the Danville, Urbana, Bloomington and Pekin Railway Company condemned a right of way one hundred feet wide through Munsell’s farm of three hundred and sixty-four acres in McLean county and paid to Mm §150, the amount allowed as compensation. The company built its road the same year on its right of way, dividing the farm so as to leave about one hundred acres, mostly timber and pasture land, on the north side of the railroad, and the rest, containing the residence and other buildings, on…
1Opinion of the CourtJustice Carter
The first point made by the plaintiff in error is, that a court of equity has no jurisdiction to enjoin the destruction of the easement claimed by the defendant in error in the alleged underground crossing, but that the defendant in error has an! adequate remedy at law. We have decided that equity has jurisdiction in such cases. (McCann v. Day, 57 Ill. 101; Field v. Barling, 149 id. 556; Smith v. Young, 160 id. 163; Carpenter v. Capital Electric Co. 178 id. 29.) But even if it were open to question whether the rule announced in the cases cited is applicable to the case at bar, the plaintiff…
2Cases cited2 opinions
- Chicago & Northwestern Railway Co. v. HoagIllinois Supreme Court · 1878
- McCann v. DayIllinois Supreme Court · 1870
3Cited by9 opinions
- Waller v. HildebrechtIllinois Supreme Court · 1920
- Baltimore & Ohio Southwestern Railroad v. BrubakerIllinois Supreme Court · 1905
- Chicago, Burlington & Quincy Railroad v. IvesIllinois Supreme Court · 1903
- Ruck v. Midwest Hunting & Fishing ClubAppellate Court of Illinois · 1968
- Kuala v. KuapahiHawaii Supreme Court · 1903
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