Illinois Central Railroad v. City of Chicago
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. Theodore Brentano, Judge, presiding. By this proceeding the appellee sought to condemn the right of way of appellant for the extension of Seventy-first street across the same. The street sought to be opened was sixty-six feet wide and the right of way of appellant was two hundred feet wide, and at that point is occupied by eight tracks, with fifty feet on the west side and forty feet on the east side unoccupied.
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Appeal from the Superior Court of Cook county; the Hon. Theodore Brentano, Judge, presiding. By this proceeding the appellee sought to condemn the right of way of appellant for the extension of Seventy-first street across the same. The street sought to be opened was sixty-six feet wide and the right of way of appellant was two hundred feet wide, and at that point is occupied by eight tracks, with fifty feet on the west side and forty feet on the east side unoccupied. The contention of appellant was that the verdict was against the evidence; that the land was valuable for other purposes than…
1Opinion of the CourtChief Justice Phillips
The ordinance attached to the petition in this case on its face purports to be enacted by the city council of the city of Chicago. A general presumption operates in favor of the regularity and validity of official acts, and in the interpretation of statutes it will be presumed, not only that the legislature has not intended to exceed its territorial jurisdiction, but that it has not intended to go beyond its legislative power functions. (Endlich on Int. of Stat. sec. 171.) The rules for the construction of ordinances of municipal corporations are the same as for statutes enacted by the…
2Cases cited21 opinions
- Boom Co. v. PattersonSupreme Court of the United States · 1879
- Rigney v. City of ChicagoIllinois Supreme Court · 1881
- Chicago & Northwestern Railway Co. v. City of ChicagoIllinois Supreme Court · 1892
- Chicago & Evanston Railroad v. BlakeIllinois Supreme Court · 1886
- Inre Yick WoCalifornia Supreme Court · 1885
16 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Illinois Power & Light Corp. v. TalbottIllinois Supreme Court · 1926
- Dean Milk Co. v. City of ChicagoIllinois Supreme Court · 1944
- People ex rel. Dougherty v. City of Rock IslandIllinois Supreme Court · 1915
- City of Chicago v. LordIllinois Supreme Court · 1917
- City of Lincoln v. Chicago & Alton RailroadIllinois Supreme Court · 1914
14 more not listed; retrieve them via the Exa API.