Legal Opinion

Chicago & Alton Railroad v. People ex rel. Koerner

Illinois Supreme Court

Decided January 15, 1873PublishedCited by 40 opinions

Appeal from the Circuit Court of McLean county; the Hon. Thomas F. Tipton, Judge, presiding. This was an information in the nature of a quo warranto on the relation of Gustavus Koerner, Eichard P. Morgan, Jr., and David S. Hammond, railroad and warehouse commissioners, against the Chicago and Alton Eailroad Company, to have a forfeiture of its franchises declared for the reasons given in the opinion of the court.

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Appeal from the Circuit Court of McLean county; the Hon. Thomas F. Tipton, Judge, presiding. This was an information in the nature of a quo warranto on the relation of Gustavus Koerner, Eichard P. Morgan, Jr., and David S. Hammond, railroad and warehouse commissioners, against the Chicago and Alton Eailroad Company, to have a forfeiture of its franchises declared for the reasons given in the opinion of the court. The court below rendered judgment of ouster against the company, from which this appeal was taken.

1Opinion of the CourtChief Justice Lawrence

This record brings before us the proceedings upon an information in the nature of a quo warranto, filed by the railroad commissioners of the State against the Chicago and Alton Eailroad Company, under the act which went into operation July 1, 1871, entitled “An act to prevent unjust discriminations and extortions in the rates to be charged by the different railroads in this State for the transportation of freight on said roads.” The information set forth that the company, in violation of this act, had repeatedly charged and received for transporting lumber from Chicago to Lexington, a…

2Cases cited2 opinions

  1. Vincent v. Chicago & Alton RailroadIllinois Supreme Court · 1868
  2. Chicago & Northwestern Railway Co. v. People ex rel. HempsteadIllinois Supreme Court · 1870

3Cited by40 opinions

  1. People v. SharpeIllinois Supreme Court · 2005
  2. Meadowcroft v. PeopleIllinois Supreme Court · 1896
  3. The People v. GonzalesIllinois Supreme Court · 1962
  4. Chicago, Burlington & Quincy Railroad v. JonesIllinois Supreme Court · 1894
  5. People v. ElliottIllinois Supreme Court · 1916

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