City of Aurora v. Elgin, Aurora & Southern Traction Co.
Illinois Supreme Court
Appeal from the Appellate Court for the Second District ;—heard in that court ón appeal from the Circuit Court of Kane county; the Hon. L,. C. Ruth, Judge, presiding. On the 5th day of September, 1890, the city of Aurora adopted an ordinance authorizing the Aurora Street Railway Company to construct, operate and maintain a street railway in certain streets of the city. The grant in section 1 is to operate and maintain “a street railway.”
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Appeal from the Appellate Court for the Second District ;—heard in that court ón appeal from the Circuit Court of Kane county; the Hon. L,. C. Ruth, Judge, presiding. On the 5th day of September, 1890, the city of Aurora adopted an ordinance authorizing the Aurora Street Railway Company to construct, operate and maintain a street railway in certain streets of the city. The grant in section 1 is to operate and maintain “a street railway.” In other sections of the ordinance the manner in which the railway is to be constructed in the streets is prescribed, the use of steam as a motive power is…
1Opinion of the CourtChief Justice Scott
The pleadings, with the exceptions to the answer sustained, and the proofs of the parties, properly present the questions which we regard as material in this controversy.
The authority possessed by the Aurora company under its charter and under the ordinances of the city of Aurora, as to the Fifth street line operated by that company, is authority to operate the same as a street railway only. By those ordinances street railway transportation alone is contemplated.
The chief characteristic of a street railway is, that it is built upon and passes' along streets and avenues for the convenience of…
2Cases cited11 opinions
- Coosaw Mining Co. v. South CarolinaSupreme Court of the United States · 1892
- Holyoke Co. v. LymanSupreme Court of the United States · 1873
- Harvey v. Aurora & Geneva Railway Co.Illinois Supreme Court · 1898
- People Ex Rel. Third Ave. R.R. Co. v. . NewtonNew York Court of Appeals · 1889
- Zehren v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1898
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3Cited by10 opinions
- Chicago North Shore & Milwaukee Railroad v. City of ChicagoIllinois Supreme Court · 1928
- Star Transportation Co. v. City of Mason CitySupreme Court of Iowa · 1923
- Chicago Motor Coach Co. v. BuddAppellate Court of Illinois · 1952
- Pell v. Joliet, Plainfield & Aurora RailroadIllinois Supreme Court · 1909
- Schuster v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1910
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