Bass v. Metropolitan West Side El. R.
Court of Appeals for the Seventh Circuit
Appeal from tlie Circuit Court of the United States for tbe .Nortliern District of Illinois. This appeal is from a decree dismissing a bill for an injunction against the occupation and use for railroad purposes of real estate in Chicago, between Yan Burén and .Tackson streets, fronting to the east on Market street, and extending to the Chicago river on the west, described as lot. 10 in the subdivision of lots 2, 3, and 4 in block 84, School Section Addition to Chicago.
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Appeal from tlie Circuit Court of the United States for tbe .Nortliern District of Illinois. This appeal is from a decree dismissing a bill for an injunction against the occupation and use for railroad purposes of real estate in Chicago, between Yan Burén and .Tackson streets, fronting to the east on Market street, and extending to the Chicago river on the west, described as lot. 10 in the subdivision of lots 2, 3, and 4 in block 84, School Section Addition to Chicago. The essential facts, as shown by the bill, answer, and proofs, are these: In 1888, the appellant, Clara P. Bass, leased the…
1Opinion of the CourtWoods, Circuit Judge
It is not disputed that injunction is the proper remedy against the appropriation oí land for the use of a public corporation which has not acquired a right to the proposed use either by purchase or by condemnation; and, contrary to the general rule that equitable relief is granted only when equitable considerations require it, the injunction in such cases may be, and perhaps more frequently than otherwise is, sought in vindication of a purely legal right; and, if the technical right and a threatened infraction of it be established, the relief will be granted without inquiry into the general…
2Cases cited15 opinions
- Ford v. . CobbNew York Court of Appeals · 1859
- Corrigan v. City of ChicagoIllinois Supreme Court · 1893
- Sword v. LowIllinois Supreme Court · 1887
- Agate v. . LowenbeinNew York Court of Appeals · 1874
- Kidd v. DennisonNew York Supreme Court · 1849
10 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Willing v. Chicago Auditorium Assn.Supreme Court of the United States · 1928
- Walgreen Co. v. WaltonCourt of Appeals of Tennessee · 1932
- Ryan v. Chicago, B. & QR Co.Court of Appeals for the Seventh Circuit · 1932
- Toellner v. McGinnisWashington Supreme Court · 1909
- Dryfoos v. EdwardsDistrict Court, S.D. New York · 1919
9 more not listed; retrieve them via the Exa API.