Legal Opinion · Dissent

City of Bushnell v. Chicago, Burlington & Quincy Railroad

Illinois Supreme Court

Decided June 18, 1913Published

Writ of Error to the Circuit Court of McDonough county; the Hon. Harry M. Waggoner, Judge, presiding.

1DissentJustice Farmer

I do not clearly understand the opinion of the court in this case. If it was intended to hold that, no matter what use the railroad company makes of its switch yards and sidings in the business district, and no matter what effect such use has upon the public safety and convenience and upon the use and enjoyment by neighboring owners of their property, the city council is powerless to stop it, I cannot agree to it. I know of no special rights or privileges possessed by common carriers which' authorize them to maintain a nuisance. It seems to me the proof in this case established that the use…

2Cases cited4 opinions

  1. Wylie v. ElwoodIllinois Supreme Court · 1890
  2. Shively v. Cedar Rapids, Iowa Falls & Northwestern Railway Co.Supreme Court of Iowa · 1888
  3. Missouri, Kansas & Texas Railway Co. v. AndersonCourt of Appeals of Texas · 1904
  4. Hickory v. RailroadSupreme Court of North Carolina · 1906

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