Doane v. Chicago City Railway Co.
Appellate Court of Illinois
Memorandum.—Debt on penal bond. In the Circuit Court of Cook County; the Hon. Francis Adams, Judge, presiding. Judgment for defendant on demurrer to declaration; appeal by plaintiff. Heard in this court at the October term, 1893, and affirmed. Statement of the Case. The Chicago City Railway Company was incorporated by a special act of legislature, approved February 14, 1859, entitled “ An act to promote the construction of horse railways in the city of Chicago.” (Pr.
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Memorandum.—Debt on penal bond. In the Circuit Court of Cook County; the Hon. Francis Adams, Judge, presiding. Judgment for defendant on demurrer to declaration; appeal by plaintiff. Heard in this court at the October term, 1893, and affirmed. Statement of the Case. The Chicago City Railway Company was incorporated by a special act of legislature, approved February 14, 1859, entitled “ An act to promote the construction of horse railways in the city of Chicago.” (Pr. Laws 1859, page 530.) By this act certain persons therein named and their successors were created a body corporate and politic,…
1Opinion of the CourtJustice Waterman
Under the conditions existing when this contract was made, before appellee could lay any track in Wabash avenue it was necessary that it obtain the consent of the owners of more than one-half of the frontage on that portion of the street along which it proposed to construct its railway.
The assent of appellant was therefore of value to it; a thing for which it might reasonably be willing to pay compensation; as its right to pay compensation is in this case disputed, the question of the right to pay and to receive a reward, pecuniary or personal, is first to be considered.
The streets of a city…
2Cases cited15 opinions
- Thomas v. Railroad Co.Supreme Court of the United States · 1880
- State v. Hartford & New Haven RailroadSupreme Court of Connecticut · 1861
- Chicago Gas Light & Coke Co. v. People's Gas Light & Coke Co.Illinois Supreme Court · 1887
- Cross v. Pinckneyville Mill Co.Illinois Supreme Court · 1855
- Marsh v. Fairbury, Pontiac & Northwestern Railway Co.Illinois Supreme Court · 1872
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3Cited by3 opinions
- Sanders v. McKimSupreme Court of Iowa · 1908
- Lowe v. ConditAppellate Court of Illinois · 1922
- South Chicago City Railway Co. v. Calumet Electric St. Ry. Co.Appellate Court of Illinois · 1897