Legal Opinion

Hoyt v. Chicago, Burlington & Quincy Railroad

Illinois Supreme Court

Decided September 15, 1879PublishedCited by 4 opinions

Appeal from the Appellate Court of the First District; the'Hon. Theodore D. Murphy, presiding Justice, and Hon. Geo. W. Pleasants and Hon. Joseph M. Bailey, Justices.

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Appeal from the Appellate Court of the First District; the'Hon. Theodore D. Murphy, presiding Justice, and Hon. Geo. W. Pleasants and Hon. Joseph M. Bailey, Justices. On the 27th day of November, 1876, appellants exhibited their bill in chancery in the circuit court of Cook county, praying for an injunction to restrain the Chicago, Burlington and Quincy Eailroad Company from taking up a certain side track connecting the main track of said company’s railroad with a track running to a certain grain warehouse in Chicago, known as the “ Union Elevator.” The complainants are the owners of an…

1Opinion of the CourtJustice Baker

In Vincent v. Chicago and Alton Railroad Co. 49 Ill. 33, it was held by this court a railway company could not be required by legislative enactment to transport freight beyond its own line of road, but that the 22d section of the Warehouse act of 1867 was valid as to the warehouses upon such line. It was also there held that when, for a valid consideration, the company had permitted a connection with its line to be made and a side track to be laid, for the use of a particular lot of ground, and in order to transport to such lot heavy articles of freight, then such side track was'to be…

2Cases cited3 opinions

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

3Cited by4 opinions

  1. State v. White Oak Railway Co.West Virginia Supreme Court · 1909
  2. Chicago, Madison & Northern Railroad v. National Elevator & Dock Co.Illinois Supreme Court · 1894
  3. St. Louis Hay & Grain Co. v. Chicago & Alton RailroadAppellate Court of Illinois · 1909
  4. National Elevator & Dock Co. v. Chicago, M. & N. R. R.Appellate Court of Illinois · 1893

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