Legal Opinion

City of Jacksonville v. Jacksonville Railway Co.

Illinois Supreme Court

Decided January 15, 1873PublishedCited by 40 opinions

Appeal from the Circuit Court of Morgan county; the Hon. Charles D. Hodges, Judge, presiding.

1Opinion of the CourtJustice Thornton

By an act of the legislature, the appellee corporation was authorized to construct and operate a railway in the town of Jacksonville, “in, over, across and along any and all the avenues, streets, public grounds, squares and alleys within the present and future corporate limits of said town.”

By virtue of its charter, the railway company claim the right to construct the track of its road across a public square, operate its road there, and thus frustrate the original purpose for which the ground was dedicated, and destroy its future benefit and enjoyment as a- public park.

This bill was filed to…

2Cases cited4 opinions

  1. Trustees of Watertown v. Cowen & BaggNew York Court of Chancery · 1834
  2. Warren v. MayorSupreme Court of Iowa · 1867
  3. Price v. ThompsonSupreme Court of Missouri · 1871
  4. Carter v. City of ChicagoIllinois Supreme Court · 1870

3Cited by40 opinions

  1. Paepcke v. Public Building CommissionIllinois Supreme Court · 1970
  2. Town of Winchester v. CoxSupreme Court of Connecticut · 1942
  3. City of Chicago v. WardIllinois Supreme Court · 1897
  4. Melin v. Community Consolidated School District No. 76Illinois Supreme Court · 1924
  5. Harder's Fire Proof Storage & Van Co. v. City of ChicagoIllinois Supreme Court · 1908

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