Legal Opinion

Peoria & Rock Island Railway Co. v. Schertz

Illinois Supreme Court

Decided September 15, 1876PublishedCited by 16 opinions

Appeal from the Circuit Court of Peoria county; the Hon. J. W. Cochran, Judge, presiding. This bill was filed in the Peoria county circuit court, by the heirs at law of Frederick Muller, with whom is joined Peter Schertz, executor of the estate, against the Peoria and Bock Island Bailway Company, the Indianapolis, Bloomington and Western Bailroad Company, the Peoria and Springfield Bail-road Company, and the city of Peoria, for an injunction and relief.

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Appeal from the Circuit Court of Peoria county; the Hon. J. W. Cochran, Judge, presiding. This bill was filed in the Peoria county circuit court, by the heirs at law of Frederick Muller, with whom is joined Peter Schertz, executor of the estate, against the Peoria and Bock Island Bailway Company, the Indianapolis, Bloomington and Western Bailroad Company, the Peoria and Springfield Bail-road Company, and the city of Peoria, for an injunction and relief. Ho injunction was asked, nor was any granted, before final hearing of the canse. Frederick Muller, in his lifetime, was owner and in…

1Opinion of the CourtJustice Scott

Elaborate and exhaustive arguments have been made on every phase of this case as presented by the record, but we think the decision rests upon the determination of a single question, viz: whether equity will assume jurisdiction to enjoin use of a railroad upon a street until the adjoining landowner’s damages shall have been assessed and paid under the Eminent Domain Act. Since the decision in Stetson v. Chicago and Evanston Railroad, 75 Ill. 74, this can not be regarded as an open question in this court. It was there definitely declared, the acts of a railway company in proceeding to…

2Cases cited1 opinion

  1. Stetson v. Chicago & Evanston RailroadIllinois Supreme Court · 1874

3Cited by16 opinions

  1. Spencer v. Point Pleasant & Ohio R. R.West Virginia Supreme Court · 1884
  2. Penn Mutual Life Insurance v. HeissIllinois Supreme Court · 1892
  3. Clemens v. Connecticut Mutual Life InsuranceSupreme Court of Missouri · 1904
  4. White v. Metropolitan West Side Elevated RailroadIllinois Supreme Court · 1894
  5. Hubbell v. City of Des MoinesSupreme Court of Iowa · 1915

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