People ex rel. Schaumleffel v. Illinois Central Railroad
Illinois Supreme Court
Writ op Error to the Appellate Court for the Fourth District;—heard in that court on writ of error to the Circuit Court of St. Clair county; the Hon. R. D. W. Holder, Judge, presiding.
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Writ op Error to the Appellate Court for the Fourth District;—heard in that court on writ of error to the Circuit Court of St. Clair county; the Hon. R. D. W. Holder, Judge, presiding. Plaintiff in error filed a petition for mandamus in the circuit court of St. Clair county, alleging that the St. Louis, Alton and Terre Haute Railroad Company, a corporation organized under the laws of this State, owned or controlled and operated a railroad from the city of East St. Louis to the city of Belleville, in St. Clair county, Illinois, from the year 1855 until 1896, and during said time ran freight…
1Opinion of the CourtChief Justice Farmer
Plaintiff in error says in his brief three questions are presented by this record: “First, does the defense set up constitute a re-location of defendant in error’s railroad? Second, does the defense set up constitute the consolidation, control and operation of a parallel and competing line ? Third, is the interest set up sufficient to maintain this action?”
Defendant in error’s witnesses testified that a single line of track between the cities of East St. Louis and Belleville was insufficient to enable defendant in error to handle the business between those two cities in such manner as would…
2Cases cited7 opinions
- Hudson v. Green Hill Seminary Corp.Illinois Supreme Court · 1885
- People ex rel. McKinlay v. RoseIllinois Supreme Court · 1904
- Thomas v. St. Louis, Belleville & Southern Railway Co.Illinois Supreme Court · 1897
- McAuley v. Columbus, Chicago & Indiana Central Ry. Co.Illinois Supreme Court · 1876
- Chicago & Alton Railroad v. People ex rel. Attorney GeneralIllinois Supreme Court · 1894
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3Cited by1 opinion
- People ex rel. Blue Danube Co. v. BusseIllinois Supreme Court · 1910