People ex rel. Moloney v. General Electric Railway Co.
Illinois Supreme Court
Writ op Error to the Circuit Court of Cook county; the Hon. E. E. Dunne, Judge, presiding. This case was commenced by a bill or information in the name of the People of the State, filed in the circuit court of Cook county on the 9th day of March, 1896, against the General Electric Railway Company, the city of Chicago, George B. Swift, mayor of that city, and William D. Kent, commissioner of public works.
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Writ op Error to the Circuit Court of Cook county; the Hon. E. E. Dunne, Judge, presiding. This case was commenced by a bill or information in the name of the People of the State, filed in the circuit court of Cook county on the 9th day of March, 1896, against the General Electric Railway Company, the city of Chicago, George B. Swift, mayor of that city, and William D. Kent, commissioner of public works. This information attacked the right of the General Electric Railway Company to construct an electric street railroad in certain streets in the city of Chicago, upon the ground that the…
1Opinion of the CourtChief Justice Phillips
Numerous points are argued by counsel as to the right of the relator to an injunction; as to dismissing the bill before final hearing; as to the insufficiency of the ordinance because of the insufficiency of the petition or the consent of abutting owners; that an unauthorized use of a public hig’hway by a street railway company is a nuisance per se, and may be enjoined by the public authorities without proof of further public injury; that equity has jurisdiction to enjoin acts in excess of corporate charter powers, at the suit of the State, upon the sole ground that they are unlawful; that…
2Cases cited4 opinions
- United States v. BeebeSupreme Court of the United States · 1888
- New Hampshire v. LouisianaSupreme Court of the United States · 1883
- Doane v. Lake Street Elevated RailroadIllinois Supreme Court · 1896
- Culbertson & Blair Packing & Provision Co. v. City of ChicagoIllinois Supreme Court · 1884
3Cited by19 opinions
- Rowe v. RaoulIllinois Supreme Court · 2023
- People Ex Rel. Lowe v. Marquette National Fire InsuranceIllinois Supreme Court · 1933
- Try-Me Bottling Co. v. StateSupreme Court of Alabama · 1938
- Turkovich v. Board of TrusteesIllinois Supreme Court · 1957
- Cody Trust Co. v. Hotel Clayton Co.Appellate Court of Illinois · 1937
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