City of Chester v. Wabash, Chester & Western Railroad
Illinois Supreme Court
Appeal from the Circuit Court of Randolph county ;r the Hon. B. R. Burroughs, Judge, presiding. The appellant brought its action of ejectment against.v the appellee to recover possession of certain premises in the city of Chester, described as “all that part of Water street lying between Angle street and Pine street, occupied by the defendant as and with a railroad track and claimed by the appellant in fee,” after demand in writing for the possession thereof.
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Appeal from the Circuit Court of Randolph county ;r the Hon. B. R. Burroughs, Judge, presiding. The appellant brought its action of ejectment against.v the appellee to recover possession of certain premises in the city of Chester, described as “all that part of Water street lying between Angle street and Pine street, occupied by the defendant as and with a railroad track and claimed by the appellant in fee,” after demand in writing for the possession thereof. The appellee claims the right to the premises in question under certain proceedings of the city council of Chester had November 20;…
1Opinion of the CourtJustice Phillips
Water street, in the city of Chester, being admitted to be a public street therein, it is a presumption of law that the fee of the street is in the city, and ejectment may be resorted to as a proper remedy to recover the same from one who encroaches thereon. The title of the street being in the city for the use of the public, it may not grant the use of that street inconsistent with the rights of the public therein.
At the time the ordinance in question was adopted, paragraph 90 of section 1 of article 5 of chapter 24 of the Revised Statutes was as follows: “The city council or board of…
2Cases cited5 opinions
- City of Belleville v. Citizens' Horse Railway Co.Illinois Supreme Court · 1894
- McCartney v. Chicago & Evanston RailroadIllinois Supreme Court · 1884
- Byrne v. Chicago General Railway Co.Illinois Supreme Court · 1897
- Chicago, Danville & Vincennes Railroad v. City of ChicagoIllinois Supreme Court · 1887
- People ex rel. Bliss v. Chicago West Division Railway Co.Illinois Supreme Court · 1886
3Cited by11 opinions
- City of Springfield v. Postal Telegraph-Cable Co.Illinois Supreme Court · 1912
- McGann v. People ex rel. CoffeenIllinois Supreme Court · 1902
- Sherwin v. City of AuroraIllinois Supreme Court · 1913
- Rockford & Interurban Railway Co. v. KeytAppellate Court of Illinois · 1904
- City of Springfield v. Postal Telegraph-Cable Co.Appellate Court of Illinois · 1911
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