Chicago & Western Indiana R. R. Co. v. Cogswell
Appellate Court of Illinois
Action to Recover Damages for the elevation of a road-bed.—Appeal from the Circuit Court of Cook County; the Hon. John Gibbons, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1900,
1Opinion of the Court
Mr. Presiding Justice Shepard
delivered the opinion of the court.
This was a suit against appellant to recover damages for the elevation and operation of appellant’s road-bed and tracks, under an ordinance of the city of Chicago, alongside of and past appellee’s premises.
The case was here before, in 1892, and was then reversed and remanded. It is reported in 44 Ill. App. 388, and the main facts can be there found. The point of the decision, so far as now necessary to be stated, then was, that the condemnation proceedings had at an earlier period, in a proceeding for that purpose, wherein…
2Cases cited2 opinions
- Kotz v. Illinois Central RailroadIllinois Supreme Court · 1900
- Chicago & Western Indiana Railroad v. CogswellAppellate Court of Illinois · 1892