People ex rel. Canal Commissioners v. Pittsburg, Ft. Wayne & Chicago Railway Co.

This was a bill filed by plaintiffs in error to enjoin defendants in error from occupying a portion of Stewart avenue, in the city of Chicago, with elevated structures and operating trains thereon, or, in the alternative, to recover the value of the fee in said street. The bill alleged that a portion of the street had been entirely vacated by the municipal authorities of the city of Chicago; that plaintiffs in error were the owners of the fee therein and that it reverted to them upon the vacation of said street.

The land involved in this suit was originally what is known as canal land and…