Carpenter v. Capital Electric Co.
Illinois Supreme Court
Appeal from the Circuit Court of Sangamon county; the Hon. James A. Creighton, Judge, presiding. This is a bill filed by the appellants against the appellee, praying that the appellee may be decreed to take down two electric wires and a cross-arm, stretched and extending" over a private alley in the rear of the property of the appellants in the city of Springfield, and to remove said wires and cross-arm from said alley, so as to render the use thereof with the appurtenances…
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Appeal from the Circuit Court of Sangamon county; the Hon. James A. Creighton, Judge, presiding. This is a bill filed by the appellants against the appellee, praying that the appellee may be decreed to take down two electric wires and a cross-arm, stretched and extending" over a private alley in the rear of the property of the appellants in the city of Springfield, and to remove said wires and cross-arm from said alley, so as to render the use thereof with the appurtenances by the appellants as the same was used previous to the erection of the said wires and cross-arm. The bill was answered…
1Opinion of the CourtJustice Magruder
The alley in the rear of the building of appellants is a private alley, created for the use of the appellants and of the owners of the two lots lying west of the lot of the "appellants. It is alleged in the bill, that the easement, consisting of the use of said alley, as created by the original deeds conveying the property, was so created for the benefit of the property of the appellants, and of the two pieces of property adjoining the property of the appellants on the west. It is admitted in the answer that the alley was reserved, as alleged in the bill, for the benefit of the properties…
2Cases cited5 opinions
- Board of Trade Telegraph Co. v. BarnettIllinois Supreme Court · 1883
- Chicago, Burlington & Quincy Railroad v. West Chicago Street RailroadIllinois Supreme Court · 1895
- Garrison v. RuddIllinois Supreme Court · 1858
- McCann v. DayIllinois Supreme Court · 1870
- Tanner v. VolentineIllinois Supreme Court · 1874
3Cited by16 opinions
- Hildebrand v. Southern Bell Telephone & Telegraph Co.Supreme Court of North Carolina · 1941
- O'Connell v. Chicago Terminal Transfer RailroadIllinois Supreme Court · 1900
- Poulos v. F. H. Hill Co.Illinois Supreme Court · 1948
- Doan v. AllgoodIllinois Supreme Court · 1923
- Burrall v. American Telephone & Telegraph Co.Illinois Supreme Court · 1906
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