Chicago & Alton Railroad v. Schœneman
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. E. S. Williams, Judge, presiding. This was a bill brought by appellees to compel appellants to construct and maintain a certain swing draw-bridge in conformity with an agreement in that regard.
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Appeal from the Circuit Court of Cook county; the Hon. E. S. Williams, Judge, presiding. This was a bill brought by appellees to compel appellants to construct and maintain a certain swing draw-bridge in conformity with an agreement in that regard. In the year 1858 the Joliet and Chicago Eailroad Company desiring, for the purposes of a railroad, to acquire the right of way over certain premises owned by Daniel Brainard and John Evans, in part as tenants in common, and in part in severalty, entered into an agreement in writing with said Brainard and Evans of the date of March 12th of that…
1Opinion of the CourtJustice Sheldon
There are various questions presented upon this record. The more prominent one, and that which has principally been discussed in the argument, is, whether or not the agreement of March 12, 1858, created an easement in favor of or appurtenant to the parcels of lot one, bought by the Schceuemans and Fitzpatrick in 1862, so that the covenants therein attached to and ran with such parcels of lot one without respect to other portions of lot one, or whether such covenants were personal to Brainard and Evans; and if the covenants do not strictly run with said parcels, whether the Schosnemans can in…
2Cases cited2 opinions
- Seymour v. DelanceyNew York Court of Chancery · 1822
- McCabe v. CrosierIllinois Supreme Court · 1873
3Cited by7 opinions
- Joliet & Chicago Railroad v. HealyIllinois Supreme Court · 1880
- King v. RaabSupreme Court of Iowa · 1904
- Farson v. FoggIllinois Supreme Court · 1903
- Chicago, Burlington & Quincy Railroad v. RenoIllinois Supreme Court · 1885
- Espert v. WilsonIllinois Supreme Court · 1901
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