Legal Opinion

White v. Metropolitan West Side Elevated Railroad

Illinois Supreme Court

Decided November 27, 1894PublishedCited by 24 opinions

Appeal from the Superior Court of Cook county; the Hon. James Goggin, Judge, presiding. This is a proceeding instituted by the Metropolitan West Side Elevated Railroad Company for the condemnation of certain property for its right of way.

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Appeal from the Superior Court of Cook county; the Hon. James Goggin, Judge, presiding. This is a proceeding instituted by the Metropolitan West Side Elevated Railroad Company for the condemnation of certain property for its right of way. The premises belonging to appellants, Hugh A. White, George M. Bogue and John Roche, trustees under the last will and testament of Allen C. Lewis, deceased, sought to be appropriated by the company, are described in the petition as the south fifty feet of the north fifty-five and seventy-one one-hundredths feet of the west seventy and one-half feet of that…

1Opinion of the Court

Craig, J.:

Section 13 of article 2 of the constitution provides: “Private property shall not be taken or damaged for public use without just compensation. Such compensation, when not made by the State, shall be ascertained by a jury, as shall be prescribed by law.” It will be observed that no part of the block of ground north of Tilden street was taken by the railway company, and, as has been seen, the railway company took only a part of lot 6, which is separated from the block by a street. Whether appellants’ block lying north of Tilden street has been or will be damaged by the construction…

2Cases cited4 opinions

  1. Stetson v. Chicago & Evanston RailroadIllinois Supreme Court · 1874
  2. Penn Mutual Life Insurance v. HeissIllinois Supreme Court · 1892
  3. Parker v. Catholic BishopIllinois Supreme Court · 1893
  4. Peoria & Rock Island Railway Co. v. SchertzIllinois Supreme Court · 1876

3Cited by24 opinions

  1. Brown v. Board of SupervisorsCalifornia Supreme Court · 1899
  2. Essex Storage Electric Co. v. Victory Lumber Co.Supreme Court of Vermont · 1919
  3. Marchant v. Mayor of BaltimoreCourt of Appeals of Maryland · 1924
  4. Department of Conservation v. FranzenAppellate Court of Illinois · 1976
  5. Board of County Commissioners v. AdlerSupreme Court of Colorado · 1920

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