Legal Opinion

Hill v. St. Louis & Northeastern Railway Co.

Illinois Supreme Court

Decided December 22, 1909PublishedCited by 7 opinions

Writ or Error to the Circuit Court of Madison county; the Hon. Charles T. MqorE, Judge, presiding. This was a bill in .chancery filed in the circuit court of Madison county by F. Louis Hill and nineteen other persons owning real estate abutting upon Hillsboro avenue, in the city of Edwardsville, against the St. Louis and Northeastern Railway Company, for an injunction to restrain the defendant from hauling freight in car-load lots upon Hillsboro avenue, in said city.

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Writ or Error to the Circuit Court of Madison county; the Hon. Charles T. MqorE, Judge, presiding. This was a bill in .chancery filed in the circuit court of Madison county by F. Louis Hill and nineteen other persons owning real estate abutting upon Hillsboro avenue, in the city of Edwardsville, against the St. Louis and Northeastern Railway Company, for an injunction to restrain the defendant from hauling freight in car-load lots upon Hillsboro avenue, in said city. After a demurrer was overruled to the bill an answer and replication were filed, a trial was had before the court, and a decree…

1Opinion of the CourtJustice Hand

The first question which arises for consideration in this ease is, has a court of equity power, upon a bill filed by an abutting owner, to enjoin a railroad company from operating its railroad in a public street of a city, the title to which is in the city, where the railroad company has been granted power by the city council to operate its road in said street, on the ground that the railroad is violating the ordinance under which it has been authorized to construct and operate its road, or on the ground that the resolution or ordinance under which the road was cpnstructed and operated is…

2Cases cited6 opinions

  1. Doane v. Lake Street Elevated RailroadIllinois Supreme Court · 1896
  2. Stout v. CookIllinois Supreme Court · 1866
  3. Chicago, Burlington & Quincy Railroad v. West Chicago Street RailroadIllinois Supreme Court · 1895
  4. McCartney v. Chicago & Evanston RailroadIllinois Supreme Court · 1884
  5. Chicago General Railway Co. v. Chicago, Burlington & Quincy RailroadIllinois Supreme Court · 1899

1 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Malone v. MeresSupreme Court of Florida · 1926
  2. People ex rel. Chilcoat v. HarrisonIllinois Supreme Court · 1912
  3. Town of Seaford v. Eastern Shore Public Service Co.Court of Chancery of Delaware · 1937
  4. Manchester Community High School District No. 121 v. Murrayville Community High School District No. 123Illinois Supreme Court · 1923
  5. St. John v. President of North UticaAppellate Court of Illinois · 1910

2 more not listed; retrieve them via the Exa API.

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