Englewood Connecting Railway Co. v. Chicago & Eastern Illinois Railroad
Illinois Supreme Court
Writ of Error to the Appellate Court for the First District ;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. T. A. Moran, Judge, presiding. Messrs. Willard & Driggs, Mr. R. Biddle Roberts, and Mr. F. J. Loesch, for the plaintiff in error, after quoting from the lease Between the companies, contended that defendant in error had no such interest in the track as to make it a necessary party to the condemnation proceeding.
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Writ of Error to the Appellate Court for the First District ;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. T. A. Moran, Judge, presiding. Messrs. Willard & Driggs, Mr. R. Biddle Roberts, and Mr. F. J. Loesch, for the plaintiff in error, after quoting from the lease Between the companies, contended that defendant in error had no such interest in the track as to make it a necessary party to the condemnation proceeding. The only remedy sought being an injunction, the judgment of the Appellate Court, reversing the order dismissing the bill and remanding the cause,…
1Opinion of the CourtJustice Craig
This was a bill brought in the circuit court of Cook county, by the Chicago and Eastern Illinois Railroad Company, to enjoin the Englewood Connecting Railway Company from constructing its track across the track of the Chicago and Western Indiana Railroad Company, on Wallace street, in the town of Lake, in Cook county. .
The bill of complaint states, that on the 24th day of October, 1879, the complainant made and entered into a written lease with the Chicago and Western Indiana Railroad Company, under and by virtue of which complainant acquired the right to use the tracks of said Western…
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