City of Paris v. Cairo, Vincennes & Chicago Railway Co.

The appellee, the city of Paris, filed a petition in the circuit court of Edgar county to extend, by condemnation, Buena Vista street across a certain railroad right of way owned by the appellant the Cairo, Vincennes and Chicago Railway Company but used exclusively by the appellant the Cleveland, Cincinnati, Chicago and St. Louis Railway Company as lessee. Appellants filed a motion to dismiss the petition, which, after a hearing thereon before the court, was denied. The appellants then filed a cross-petition for the ascertainment of damages to property not taken. By agreement the hearing was…