Legal Opinion

J. Burton Co. v. City of Chicago

Illinois Supreme Court

Decided October 26, 1908PublishedCited by 35 opinions

Appeal from the Branch Appellate Court for the First District;—heard in that court on writ of error to the Circuit Court of Cook county; the Hon. Thomas G. Windes, Judge, presiding.

1Opinion of the CourtJustice Dunn

Appellee, the J. Burton Company, filed its- bill in the circuit court of Cook county against the city of Chicago and three individuals, to enjoin them from interfering with the work of excavating for and building a vault under an alley in the city of Chicago. The bill alleged that the complainant was the owner-of certain real estate, in the rear of which was a public alley over which the city had jurisdiction and control; that on February .5, 1908, the city council passed an ordinance the first two sections of which are as follows:

“Sec. 1. No person shall use any space underneath the surface…

2Cases cited1 opinion

  1. Gregsten v. City of ChicagoIllinois Supreme Court · 1893

3Cited by35 opinions

  1. Cities Service Oil Co. v. City of Des PlainesIllinois Supreme Court · 1961
  2. Lipsitz v. ParrCourt of Appeals of Maryland · 1933
  3. Salt Lake City v. SchubachUtah Supreme Court · 1945
  4. Bellevue Gas & Oil Co. v. CarrSupreme Court of Oklahoma · 1916
  5. Lake Shore Riding Academy, Inc. v. DaleyAppellate Court of Illinois · 1976

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