Chicago & Eastern Illinois Railroad v. Wiltse
Illinois Supreme Court
Appeal from the County Court of Kankakee county; the Hon.- James N. Ore, Judge, presiding. The Chicago and Eastern Illinois Eailroad Company, appellant, filed its petition in the count}' court of Kankakee county, praying for condemnation of certain lands belonging to appellee.
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Appeal from the County Court of Kankakee county; the Hon.- James N. Ore, Judge, presiding. The Chicago and Eastern Illinois Eailroad Company, appellant, filed its petition in the count}' court of Kankakee county, praying for condemnation of certain lands belonging to appellee. The petition, as amended, alleged the incorporation of appellant, with power to construct a railroad from Chicago, through the intervening counties, to the city of Danville, Illinois ; that it had located its line in accordance with its charter, and that such line passed over and across appellee’s land, describing the…
1Opinion of the CourtJustice Shope
It will be unnecessary -to discuss the errors assigned by appellant, as the determination reached on the cross-errors assigned will be conclusive of the case.
The petition, as amended, was in substantial compliance with the statute, and gave the court jurisdiction, and the motion first entered to dismiss, was, upon the record as it then stood, properly overruled.
The general act for the incorporation of railroads requires that the terminal points shall be designated and set out in the articles of incorporation, but no limitation is placed upon the company as to the location of its appurtenant…
2Cases cited6 opinions
- Bradley v. New-York & New-Haven Rail-RoadSupreme Court of Connecticut · 1851
- Chicago, Rock Island & Pacific R. R. v. Town of LakeIllinois Supreme Court · 1874
- Eldridge v. SmithSupreme Court of Vermont · 1861
- Young v. McKenzieSupreme Court of Georgia · 1847
- Buffalo and New-York Railroad v. . BrainardNew York Court of Appeals · 1853
1 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Poole v. City of KankakeeIllinois Supreme Court · 1950
- Brown v. GeraldSupreme Judicial Court of Maine · 1905
- Railway Co. v. PettySupreme Court of Arkansas · 1893
- Bridal Veil Lumbering Co. v. JohnsonOregon Supreme Court · 1896
- People Ex Rel. Tuohy v. City of ChicagoIllinois Supreme Court · 1946
29 more not listed; retrieve them via the Exa API.