Chicago & N. W. R. Co. v. Chicago & P. R.
U.S. Circuit Court for the Northern District of Illnois
2 [A bill in chancery was filed in the United States circuit court, alleging that the complainant was a corporation organized and existing under the laws of the state of Wisconsin, and a citizen of that state, and-that there was also a corporation of the same name organized and existing as a corporation under the laws of the state of Illinois; that by a certain agreement heretofore entered into between said respective corporations, commonly called articles of consolidation,…
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2 [A bill in chancery was filed in the United States circuit court, alleging that the complainant was a corporation organized and existing under the laws of the state of Wisconsin, and a citizen of that state, and-that there was also a corporation of the same name organized and existing as a corporation under the laws of the state of Illinois; that by a certain agreement heretofore entered into between said respective corporations, commonly called articles of consolidation, the said two corporations became and still are the joint owners of all of the lines of railroad in the- states of…
1Opinion of the Court
DRUMMOND, Circuit Judge.
The question involved in this case is one of great importance, both as to the rights of railroads and those of the public. I am inclined to think that, under certain circumstances, an application may be made to a court of equity for the purpose of controlling, to some extent, the right of one railroad to cross another. If the legislature of the state has prescribed in what manner one railroad shall cross another, it may be that it would control all parties and the courts; but where the legislature has not declared in what particular way one railroad shall cross or…
2Cited by6 opinions
- Seattle & Montana Railway Co. v. StateWashington Supreme Court · 1893
- Ohio & Mississippi Railway Co. v. People ex rel. HannaIllinois Supreme Court · 1888
- Horne v. Boston & M. R. R.United States Circuit Court · 1883
- Greene v. KlingerUnited States Circuit Court · 1882
- Burger v. Grand Rapids & I. R.U.S. Circuit Court for the District of Indiana · 1884
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