Walker v. Illinois Central Railroad
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. Jesse Holdom, Judge, presiding. This was an action on the case commenced by the appellant, against the appellee, in the superior court of Cook county, to recover damages alleged to have been sustained by the appellant in consequence of the increased use by the appellee of its 200-foot right of way between Twenty-second and Twenty-fifth streets, in the city of Chicago, by erecting thereon more than a single or double…
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Appeal from the Superior Court of Cook county; the Hon. Jesse Holdom, Judge, presiding. This was an action on the case commenced by the appellant, against the appellee, in the superior court of Cook county, to recover damages alleged to have been sustained by the appellant in consequence of the increased use by the appellee of its 200-foot right of way between Twenty-second and Twenty-fifth streets, in the city of Chicago, by erecting thereon more than a single or double track railroad, in violation of the terms of the grant of said right of way to it by Stephen A. Douglas, it being averred…
1Opinion of the CourtJustice Hand
The briefs filed by the respective parties have been limited to the consideration of one question only, which is, is the appellee, under the terms of its grant from Stephen A. Douglas, as found in the deed which is made a part of the declaration, limited in its use of said 200-foot strip conveyed to it for right of way purposes, to the construction, maintenance and operation of a single or double track railroad thereon, with necessary appurtenances, or may it devote the entire strip to track purposes if it deem such use necessary for the proper and successful operation of its railroad ?
The…
2Cases cited9 opinions
- Illinois Central Railroad v. GodfreyIllinois Supreme Court · 1874
- O'BRIEN v. MillerSupreme Court of the United States · 1897
- Jackson v. Rutland & Burlington RailroadSupreme Court of Vermont · 1853
- Street v. Chicago Wharfing & Storage Co.Illinois Supreme Court · 1895
- Illinois Central Railroad v. HoughtonIllinois Supreme Court · 1888
4 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- D. M. Goodwillie Co. v. Commonwealth Electric Co.Illinois Supreme Court · 1909
- Tallman v. Eastern Illinois & Peoria RailroadIllinois Supreme Court · 1942
- Magnolia Petroleum Co. v. WestIllinois Supreme Court · 1940
- Tallman v. E.I. P.R.R. Co.Illinois Supreme Court · 1942
- Woodward Governor Co. v. City of Loves ParkAppellate Court of Illinois · 1948
23 more not listed; retrieve them via the Exa API.