Chicago & Alton Railroad v. City of Pontiac
Illinois Supreme Court
Appeal from the County Court of Livingston county; the Hon. C. M. Barickman, Judge, presiding. This is a proceeding, begun by the filing of a petition in the county court by the city of Pontiac, alleging the passage of an ordinance by the city council of that city for the improvement of Prairie street therein by the extension of the same across the lands, right of way and tracks of the appellant company.
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Appeal from the County Court of Livingston county; the Hon. C. M. Barickman, Judge, presiding. This is a proceeding, begun by the filing of a petition in the county court by the city of Pontiac, alleging the passage of an ordinance by the city council of that city for the improvement of Prairie street therein by the extension of the same across the lands, right of way and tracks of the appellant company. The proceeding was instituted to condemn a strip Of ground, sixty-six feet wide and extending east and west across said lands, right of way and tracks, so as thereby to connect the east and…
1Opinion of the CourtJustice Magruder
First—Appellant urges, that the demurrer filed by it to the petition of the city should have been sustained. Without considering the question, whether the filing of the cross-petition by appellant, and the introduction of testimony in support thereof, amounted to a waiver of the right to insist upon the grounds urged in favor of the demurrer, we will briefly consider such grounds as presented by counsel for appellant in their argument.
The petition is alleged to be defective upon the alleged ground, that the description of the premises therein is vague, uncertain and indefinite. We do not…
2Cases cited19 opinions
- Chicago & Northwestern Railway Co. v. City of ChicagoIllinois Supreme Court · 1892
- O'Hare v. Chicago, Madison & Northern RailroadIllinois Supreme Court · 1891
- Chicago & Northwestern Railway Co. v. City of ChicagoIllinois Supreme Court · 1893
- Smith v. Chicago & Western Indiana RailroadIllinois Supreme Court · 1882
- Chicago & Alton Railroad v. Joliet, Lockport & Aurora Railway Co.Illinois Supreme Court · 1882
14 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Clendaniel v. ConradSupreme Court of Delaware · 1912
- Welton v. Iowa State Highway CommissionSupreme Court of Iowa · 1930
- Memphis State Line Railroad v. Forest Hill Cemetery Co.Tennessee Supreme Court · 1906
- Lake Erie & Western Railroad v. ShelleyIndiana Supreme Court · 1904
- City of Grafton v. St. Paul, Minneapolis & Manitoba Railway Co.North Dakota Supreme Court · 1907
10 more not listed; retrieve them via the Exa API.