Chicago, Burlington & Quincy Railroad v. Wilson
Illinois Supreme Court
This application for a mandamus was founded upon a petition to the Honorable I. G. Wilson, Judge of the Thirteenth Judicial Circuit, asking the appointment of commissioners to fix the compensation to be made for appropriating certain lands and lots to the use of the Chicago, Burlington and Quincy Railroad Company, for constructing and maintaining thereon “ turn-outs, depots, engine houses, shops and turn-tables.”
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This application for a mandamus was founded upon a petition to the Honorable I. G. Wilson, Judge of the Thirteenth Judicial Circuit, asking the appointment of commissioners to fix the compensation to be made for appropriating certain lands and lots to the use of the Chicago, Burlington and Quincy Railroad Company, for constructing and maintaining thereon “ turn-outs, depots, engine houses, shops and turn-tables.” The Judge denied the petition, for the following reasons: Because the charter of the company did not grant the power to condemn lands for shops; because, if the power ever existed,…
1Opinion of the Court
Catón, J.
By its charter the railroad company, which is the relator here, was authorized to construct a railroad on the prescribed route, “ with such appendages as may be deemed necessary for the convenient use of the same,” and to acquire the right of way or title to land necessary therefor. On the 26th of November, 1855, the railroad company, under the law of the 22nd of June, 1852, filed its petition in the office of the clerk of the Circuit Court of Kane county, for the purpose of procuring, by condemnation, the premises described therein, “for the purpose of constructing and maintaining…
2Cited by23 opinions
- People ex rel. Fuller v. HilliardIllinois Supreme Court · 1862
- Prather v. Jeffersonville, Madison & Indianapolis RailroadIndiana Supreme Court · 1875
- West Chicago Park Commissioners v. McMullenIllinois Supreme Court · 1890
- Yadkin River Power Co. v. WisslerSupreme Court of North Carolina · 1912
- Cincinnati, Wabash & Michigan Railway Co. v. City of AndersonIndiana Supreme Court · 1894
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