Chicago & Northwestern Railway Co. v. City of Chicago
Illinois Supreme Court
Appeal from the Superior Court of Cook County; the lion. Henry M. Shepard, Judge, presiding. This was a bill in chancery, in the Superior Court of Cook county, brought by appellant, to enjoin the City of Chicago from prosecuting condemnation proceedings for opening and extending St. Louis and Halman avenues, in said city, across the right-of-way, tracks and railroad yard of appellant. ■ The bill alleges, that appellant, many years before, became the owner of the land for…
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Appeal from the Superior Court of Cook County; the lion. Henry M. Shepard, Judge, presiding. This was a bill in chancery, in the Superior Court of Cook county, brought by appellant, to enjoin the City of Chicago from prosecuting condemnation proceedings for opening and extending St. Louis and Halman avenues, in said city, across the right-of-way, tracks and railroad yard of appellant. ■ The bill alleges, that appellant, many years before, became the owner of the land for railway purposes, and for the construction of tracks thereon, as a railroad yard, for the storage and switching of cars,…
1Opinion of the CourtJustice Shope
Very many of the questions discussed by counsel, and insisted upon as ground for reversal, have been determined adversely to the contention of appellant in I. C. R. R. Co. v. City of Chicago, 138 Ill. 453; C. & N. W. Ry. Co. v. City of Chicago, 140 id. 309; I. C. R. R. Co. v. City of Chicago, 141 id. 586, and other cases, and need not be here again considered.
By virtue of condemnation, the city could acquire an easement only in the street extended, and the right of appellant to use its tracks for the passage of trains would exist as theretofore enjoyed, subject only to the easement in the…
2Cases cited4 opinions
- Illinois Central Railroad v. City of ChicagoIllinois Supreme Court · 1892
- Illinois Central Railroad v. City of ChicagoIllinois Supreme Court · 1891
- East St. Louis Connecting Railway Co. v. East St. Louis Union Railway Co.Illinois Supreme Court · 1883
- Lake Shore & Michigan Southern Railway Co. v. Chicago & Western Indiana RailroadIllinois Supreme Court · 1880
3Cited by7 opinions
- City of Grafton v. St. Paul, Minneapolis & Manitoba Railway Co.North Dakota Supreme Court · 1907
- Chicago & Alton Railroad v. City of PontiacIllinois Supreme Court · 1897
- Pittsburg, Ft. Wayne & Chicago Railway Co. v. City of ChicagoIllinois Supreme Court · 1896
- City of Paris v. Cairo, Vincennes & Chicago Railway Co.Illinois Supreme Court · 1910
- St. Louis-San Francisco Railway Co. v. StateSupreme Court of Arkansas · 1949
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