People's Gaslight & Coke Co. v. Chicago Gaslight & Coke Co.
Appellate Court of Illinois
Appeal from the Superior Court of Cook county; the Hon. Henry M. Shepard, Judge, presiding. Appellant filed its bill of complaint in the superior court, and obtained a preliminary injunction restraining appellee from laying mains and pipes in the west division of the city of Chicago, in violation of a contract set out in the bill.
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Appeal from the Superior Court of Cook county; the Hon. Henry M. Shepard, Judge, presiding. Appellant filed its bill of complaint in the superior court, and obtained a preliminary injunction restraining appellee from laying mains and pipes in the west division of the city of Chicago, in violation of a contract set out in the bill. Appellee answered the bill, and filed certain affidavits in support of the answer, and a motion was made by appellee to dissolve the injunction, which motionwas granted by the court and an order was entered dissolving the injunction and dismissing the bill. The…
1Opinion of the CourtMoran, J.
The questions to be determined in this case are, 1. Was the contract set out and to compel the observance of which the bill was filed, such a one as the appellant and appellee gas companies had power to make ?
2. Is said contract contrary to public policy as being in restraint of trade, or tending to create a monopoly ?
3. If the contract was within the powers of the corporations to make and is valid, do the circumstances of threatened breach and consequent damage stated in the bill, present a case requiring the interposition of a court of equity to compel specific performance ?
The appellant…
2Cases cited16 opinions
- Thomas v. Railroad Co.Supreme Court of the United States · 1880
- New Orleans Water-Works Co. v. RiversSupreme Court of the United States · 1885
- Bradley v. BallardIllinois Supreme Court · 1870
- The People v. . the Albany and Vermont Railroad CompanyNew York Court of Appeals · 1862
- State v. Hartford & New Haven RailroadSupreme Court of Connecticut · 1861
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3Cited by1 opinion
- Usher v. New York Cent. & H. R. R.Appellate Division of the Supreme Court of the State of New York · 1902