Legal Opinion

Chicago & Northwestern Railway Co. v. Chicago Mechanics' Institute

Illinois Supreme Court

Decided February 19, 1909PublishedCited by 22 opinions

Appeal from the Superior Court of Cook county; the Hon. Axel Chytraus, Judge, presiding. This was a petition filed January 19, 1907, in the superior court of Cook county, by appellee, to condemn certain property, valued at over three million dollars, in the city of Chicago, for the purpose of building a new depot, and tracks by which to enter same.

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Appeal from the Superior Court of Cook county; the Hon. Axel Chytraus, Judge, presiding. This was a petition filed January 19, 1907, in the superior court of Cook county, by appellee, to condemn certain property, valued at over three million dollars, in the city of Chicago, for the purpose of building a new depot, and tracks by which to enter same. The jury fixed the value of the property of appellant the Chicago Mechanics’ Institute at $44,444.44, and that of appellant James J. McCarthy at $56,010.49. From the judgment rendered on this verdict an appeal is taken by said two property owners…

1Opinion of the CourtJustice Carter

The two appellants are interested in separate pieces of property and have brought to this court wholly distinct appeals. Several questions, however, are raised alike by and apply equally to both appellants. Such questions will be discussed as if they were but a single appeal. The chief question raised by both appellants is the right of the railroad company to condemn for the depot site in question and the right of way for the approaches thereto, which are partially shown on the map given in the statement of the case.

The appropriation of private property against the owner’s will is an act…

2Cases cited20 opinions

  1. Corrigan v. City of ChicagoIllinois Supreme Court · 1893
  2. Chicago & Northwestern Railway Co. v. Chicago & Evanston RailroadIllinois Supreme Court · 1884
  3. Chicago & Eastern Illinois Railroad v. WiltseIllinois Supreme Court · 1886
  4. People ex rel. Hunt v. Chicago & Alton RailroadIllinois Supreme Court · 1889
  5. Marsh v. Fairbury, Pontiac & Northwestern Railway Co.Illinois Supreme Court · 1872

15 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. City of Chicago v. Chicago Title & Trust Co.Illinois Supreme Court · 1928
  2. James Blackstone Memorial Li Brary Association v. Gulf, Mobile and Ohio Railroad CompanyCourt of Appeals for the Seventh Circuit · 1959
  3. Foster & Kleiser v. City of ChicagoAppellate Court of Illinois · 1986
  4. Cloth v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Arkansas · 1910
  5. Board of Education v. JacobusSupreme Court of Kansas · 1911

17 more not listed; retrieve them via the Exa API.

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