City of Chicago v. Rothschild & Co.
Illinois Supreme Court
Writ of Error to the Circuit Court of Cook county; the Hon. L. Honoré, Judge, presiding. This is a bill in chancery filed by Rothschild & Co. and Edward Morris, a tax-payer, in the circuit court of Cook county, to enjoin the city of Chicago and its mayor and commissioner of public works from interfering with the construction of, and from removing when constructed, a certain elevated passageway about to be constructed by Rothschild & Co. and the Union Elevated Railroad…
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Writ of Error to the Circuit Court of Cook county; the Hon. L. Honoré, Judge, presiding. This is a bill in chancery filed by Rothschild & Co. and Edward Morris, a tax-payer, in the circuit court of Cook county, to enjoin the city of Chicago and its mayor and commissioner of public works from interfering with the construction of, and from removing when constructed, a certain elevated passageway about to be constructed by Rothschild & Co. and the Union Elevated Railroad Company to connect the platform of the station of the elevated road known as the “Union Loop,” located at the intersection of…
1Opinion of the CourtJustice Hand
We are of the opinion the writ of error to review the record in this case should have been sued out from the Appellate Court instead of from this court. The ordinance relied upon as authorizing the construction of said passageway does not create a perpetual right to erect and maintain an elevated road in VanBuren street, but such right, by the terms of the ordinance, is limited to fifty years. No freehold was therefore involved in the determination of said suit; (Village of Harlem v. Suburban Railroad Co. 198 Ill. 337;) and this court has repeatedly held that a franchise is a privilege which…
2Cases cited4 opinions
- Morgan v. LouisianaSupreme Court of the United States · 1876
- City of Bridgeport v. New York & New Haven RailroadSupreme Court of Connecticut · 1869
- Chicago City Railway Co. v. People ex rel. StoryIllinois Supreme Court · 1874
- Village of Harlem v. Suburban RailroadIllinois Supreme Court · 1902
3Cited by5 opinions
- City of Rock Island v. Central Union Telephone Co.Appellate Court of Illinois · 1907
- City of Sullivan v. Central Illinois Public Service Co.Illinois Supreme Court · 1919
- General Electric Cablevision Corp. v. City of PeoriaAppellate Court of Illinois · 1972
- Chicago Cold Storage Warehouse Co. v. People ex rel. StirlingIllinois Supreme Court · 1905
- City of Chicago v. Chicago Telephone Co.Appellate Court of Illinois · 1906