Lake Shore & Michigan Southern Railway Co. v. Chicago & Western Indiana Railroad
Illinois Supreme Court
Writ of Error to the Superior Court of Cook county; the Hon. M. F. Ttjley, Judge, presiding. The plaintiffs in error brought this suit in the Superior Court of Cook county, by bill in chancery, against the defendant in error, seeking to enjoin the further prosecution by the defendant of certain proceedings, pending in the county court of Cook county, to which plaintiffs in error were made parties defendant.
Read the full summary
Writ of Error to the Superior Court of Cook county; the Hon. M. F. Ttjley, Judge, presiding. The plaintiffs in error brought this suit in the Superior Court of Cook county, by bill in chancery, against the defendant in error, seeking to enjoin the further prosecution by the defendant of certain proceedings, pending in the county court of Cook county, to which plaintiffs in error were made parties defendant. The bill states that plaintiffs in error are joint owners and tenants in common of certain grounds in Chicago, designated as blocks 34 and 35, of a tract described in the bill, which…
1Opinion of the CourtChief Justice Dickey
Counsel for plaintiffs in error, after stating the proposition, that the General Assembly of this State has no power, under our constitution, to take or to authorize the taking of private property from one owner for the mere purpose of giving it to another, and that it is only where such taking is “for publicise” that the power of eminent domain can rightfully be exercised, insist that where property has already been appropriated to public use, and is, in fact, in such use in the hands of one corporation, it can not be rightfully taken (even by the authority of the statute to that effect)…
2Cases cited1 opinion
- Jacksonville & Savanna Railroad v. KidderIllinois Supreme Court · 1859
3Cited by33 opinions
- Cary Library v. BlissMassachusetts Supreme Judicial Court · 1890
- Samish River Boom Co. v. Union Boom Co.Washington Supreme Court · 1903
- Railroad Co. v. Iron-WorksWest Virginia Supreme Court · 1888
- Seattle & Montana Railway Co. v. StateWashington Supreme Court · 1893
- Illinois Cities Water Co. v. City of Mt. VernonIllinois Supreme Court · 1957
28 more not listed; retrieve them via the Exa API.