Legal Opinion

People ex rel. City of Bloomington v. Chicago & Alton Railroad

Illinois Supreme Court

Decided January 15, 1873PublishedCited by 40 opinions

Appeal from the Circuit Court of McLean county; the Hon. Thomas F. Tipton, Judge, presiding. This was an application for a mandamus, by the city of Bloomington against the Chicago and Alton Eailroad Company, to compel the latter to construct a crossing at the intersection of its road with a certain public street. The facts of the case are fully stated in the opinion of the court.

1Opinion of the CourtChief Justice Lawrence

This was an application on the part of the city of Bloomington, to compel the Chicago and Alton Eailroad Company to construct a crossing at the intersection of their road and Front street in said city.

It appears that, long prior to the building of the railway, a public road led from Bloomington to Pekin, which was known as the Pekin road. The railway crossed this road at grade a short distance south of the place to which the present controversy relates. It was, however, a dangerous crossing, and in 1862 it was decided, with the concurrence of the railway company, to open out Front street…

2Cited by40 opinions

  1. State ex rel. City of Minneapolis v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1886
  2. Dyer County v. RailroadTennessee Supreme Court · 1889
  3. American Tobacco Co. v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1912
  4. Chicago, R. I. & P. R. Co. v. TaylorSupreme Court of Oklahoma · 1920
  5. City of Moundsville v. Ohio R. R.West Virginia Supreme Court · 1892

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