Wilder v. Aurora, DeKalb & Rockford Electric Traction Co.
Illinois Supreme Court
Appeal from the Circuit Court of Kane county; the Hon. Charles A. Bishop, Judge, presiding. The original bill in this case was filed on October n, 1904, by the appellant, George Wilder and two others, to-wit, C. H. Hitchcock and E. W. Dunton, alleging that they were residents of Aurora in Kane county, and owners of real and personal property in said city, and tax-payers, and that said Wilder was the owner in fee of lot 9 in block 19, in Stephen E. Gale’s addition to West…
Read the full summary
Appeal from the Circuit Court of Kane county; the Hon. Charles A. Bishop, Judge, presiding. The original bill in this case was filed on October n, 1904, by the appellant, George Wilder and two others, to-wit, C. H. Hitchcock and E. W. Dunton, alleging that they were residents of Aurora in Kane county, and owners of real and personal property in said city, and tax-payers, and that said Wilder was the owner in fee of lot 9 in block 19, in Stephen E. Gale’s addition to West Aurora; that Hitchcock was the owner in fee of lot 3 in block 18 in said addition, and that E. W. Dunton was the owner in…
1Opinion of the CourtJustice Magruder
“Where the fee of the street is in the city, such damages, as the abutting owner may suffer from the laying of a railroad track in the street, are merely consequential, so far at least as they affect the property abutting on the street. In such case, as there is no physical taking of the land, injunction will not lie to enjoin the taking, the remedy being an action at law for damages.” (Stetson v. Chicago and Evanston Railroad Co. 75 Ill. 74; Parker v. Catholic Bishop, 146 id. 158; Chicago, Burlington and Quincy Railroad Co. v. West Chicago Street Railroad Co. 156 id. 255; Doane v. Lake…
2Cases cited26 opinions
- Stetson v. Chicago & Evanston RailroadIllinois Supreme Court · 1874
- Linden Land Co. v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1900
- Guyer v. WarrenIllinois Supreme Court · 1898
- People ex rel. Besse v. Village of CrottyIllinois Supreme Court · 1879
- Harvey v. Aurora & Geneva Railway Co.Illinois Supreme Court · 1898
21 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Connole v. East St. Louis & Suburban Railway Co.Supreme Court of Missouri · 1937
- Grand Trunk Western Railway Co. v. City of South BendIndiana Supreme Court · 1909
- Wooded Shores Property Owners Ass'n v. MathewsAppellate Court of Illinois · 1976
- Kinsey v. Union Traction Co.Indiana Supreme Court · 1907
- City of Chicago v. McKinleyIllinois Supreme Court · 1931
13 more not listed; retrieve them via the Exa API.