Illinois Central Railroad v. City of Champaign

This is a petition by appellee, reciting the passage of an ordinance for the extension of Main street in the city of Champaign from Main street on the west side of appellant’s right of way across said right of way to Main street on the east side of said right of way, and praying that the just compensation to be paid for the right to use so much of appellant’s right of way, as is necessary to extend said street across it, be ascertained by a jury.

Appellant made a motion to dismiss the proceeding for several reasons, including the reason hereinafter mentioned. This motion was overruled, and…