Chicago & Western Indiana Railroad v. Dunbar
Illinois Supreme Court
Agreed case from the Superior Court of Cook county; the Hon. John A. Jameson, Judge, presiding. .The following are the facts shown in the record in this case: On the 4th of June, 1879, the Chicago and Western Indiana Railroad Company was duly organized under the general law of this State in force July 1, 1872, which provides for the incorporation of such corporations, and defines then: powers.
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Agreed case from the Superior Court of Cook county; the Hon. John A. Jameson, Judge, presiding. .The following are the facts shown in the record in this case: On the 4th of June, 1879, the Chicago and Western Indiana Railroad Company was duly organized under the general law of this State in force July 1, 1872, which provides for the incorporation of such corporations, and defines then: powers. (Rev. Stat. 799.) The purpose and object of the corporation, as stated in articles of association, was to construct and operate a railroad, the line of which “will begin at a point on the boundary line…
1Opinion of the CourtChief Justice Dickey
The decree in this case is clearly erroneous. Under the present laws of Illinois a railroad company organized under the general law of March 1, 1872, has express authority to select its own route, to lay out its road, and to construct the same. This power necessarily includes the power of fixing the terminal points of the proposed road. (Rev. Stat. 1874, p. 803, sec. 20.) This is made exceedingly clear when we read section 29 of that statute, wherein old companies (organized under the act of 1849, but whose terminal points had not been fixed by the General Assembly,) are authorized, if they…
2Cases cited1 opinion
- Metropolitan City Railway Co. v. Chicago West Division Railway Co.Illinois Supreme Court · 1877
3Cited by20 opinions
- Chicago & Northwestern Railway Co. v. Chicago & Evanston RailroadIllinois Supreme Court · 1884
- Minnesota Canal & Power Co. v. PrattSupreme Court of Minnesota · 1907
- Ligare v. Chicago, Madison & Northern RailroadIllinois Supreme Court · 1897
- Union Pacific Railroad v. Colorado Postal Telegraph-Cable Co.Supreme Court of Colorado · 1902
- Chicago & Northwestern Railway Co. v. Chicago Mechanics' InstituteIllinois Supreme Court · 1909
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