North Chicago Electric Railway Co. v. Peuser
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. M. Kavanagh, Judge, presiding.
1DissentJustice Magruder
I do not concur in the views expressed in this opinion, nor in the conclusion reached by it. The streets of the cities in this State belong to the people. No street car company has any superior right to their use or to passage along them. The humblest teamster has as much right to travel thereon, or any part thereof, as the cars óf a street railway company. The doctrine, that such a company is .“invested with a superior right of way” along such streets is subversive of the rights of the people in and to their own highways. Moreover, under the repeated decisions of this court, appellant is…
2Cases cited2 opinions
- Waidner v. PaulyIllinois Supreme Court · 1892
- Ogden v. DanzAppellate Court of Illinois · 1887