Legal Opinion

Highway Commissioners v. Kinahan

Illinois Supreme Court

Decided June 16, 1909PublishedCited by 5 opinions

Writ oE Error to the Circuit Court of Sangamon county; the Hon. James A. _Creighton, Judge, presiding.

1Opinion of the CourtJustice Cartwright

The highway commissioners of the town of Lanesville, in Sangamon county, filed their bill of complaint in the circuit court of said county praying for an injunction restraining Lee Metcalf and William P. Kinahan from constructing a grain elevator on a strip of land 58Já feet wide north and south and 150 feet long east and west, adjoining the right of way of the Wabash Railway Company on the south, at the station of Lanesville, alleging that the strip of land was part of a public highway. Metcalf and Kinahan claimed the right to erect the elevator by virtue of a lease from the railway company,…

2Cases cited3 opinions

  1. Grube v. NicholsIllinois Supreme Court · 1864
  2. Cox v. Commissioners of HighwaysIllinois Supreme Court · 1902
  3. Galbraith v. LittiechIllinois Supreme Court · 1874

3Cited by5 opinions

  1. People ex rel. Commissioners of Highways v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Illinois Supreme Court · 1915
  2. Hart v. Town of ShafterAppellate Court of Illinois · 2004
  3. Copple v. ScottIllinois Supreme Court · 1939
  4. Hart v. Town of ShafterAppellate Court of Illinois · 2004
  5. Hoffman v. DiekmanMichigan Supreme Court · 1932

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