Chicago, Burlington & Quincy Railroad v. City of Ottawa
Illinois Supreme Court
Appeal from the Appellate Court for the Second District;— heard in that court on appeal from the Circuit Court of LaSalle county; the Hon. Chables Blanchabd, Judge, presiding.
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Appeal from the Appellate Court for the Second District;— heard in that court on appeal from the Circuit Court of LaSalle county; the Hon. Chables Blanchabd, Judge, presiding. This was a bill in equity, brought by the Chicago, Burlington and Quincy Railroad Company, against the city of Ottawa, to enjoin the prosecution of certain suits brought by the city against it for the violation of an alleged ordinance requiring the railroad company to erect gates at certain street crossings, for the purpose of protecting persons crossing'the railroad track from being injured by passing trains. It was…
1Opinion of the Court
Per Curiam :
It is claimed in the argument of appellant that the ordinance under which the prosecutions were instituted is void, and that a court of equity is clothed with jurisdiction to enjoin the prosecution of the various suits brought by the city of Ottawa to enforce a penalty for a violation of the ordinance. The circuit court and the Appellate Court both held that a court of equity, under the facts presented by the bill,, had no jurisdiction to enjoin the prosecution of the suits instituted by the city, and if that ruling is correct the judgment of the Appellate Court will have to be…
2Cases cited1 opinion
- Yates v. Village of BataviaIllinois Supreme Court · 1875
3Cited by10 opinions
- Vandalia Coal Co. v. LawsonIndiana Court of Appeals · 1909
- City of Breckenridge v. McMullenCourt of Appeals of Texas · 1923
- City of Chicago v. Chicago City Railway Co.Illinois Supreme Court · 1906
- Village of Dolton v. DoltonIllinois Supreme Court · 1903
- City of Tyler v. StoryCourt of Appeals of Texas · 1906
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