Cairo & Vincennes Railroad v. People
Illinois Supreme Court
Appeal from the Circuit Court of Alexander county; the Hon. David J. Baker, Judge, presiding. This was a bill in chancery, exhibited in the name of the People of the State of Illinois against the Cairo and Vincennes Eailroad Company, for an injunction to restrain that company from operating its railroad on certain streets in the city of Cairo, in violation of the ordinances of the city under which it obtained leave to construct and operate its road within the limits of the…
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Appeal from the Circuit Court of Alexander county; the Hon. David J. Baker, Judge, presiding. This was a bill in chancery, exhibited in the name of the People of the State of Illinois against the Cairo and Vincennes Eailroad Company, for an injunction to restrain that company from operating its railroad on certain streets in the city of Cairo, in violation of the ordinances of the city under which it obtained leave to construct and operate its road within the limits of the city. >. By way of recitals in the bill it is shown the city of Cairo is regularly laid out and platted into lots, blocks…
1Opinion of the CourtJustice Scott
Numerous questions have been raised on this record, but in the view taken it will not be necessary to discuss all of them.
It is not perceived how a court of chancery can obtain jurisdiction to decree any relief on the facts disclosed by this record. Under our statute cities are given exclusive control of all streets and alleys within the corporate limits. The fee of the streets is in the corporation, and the dominion over them is as absolute as that of the owner of other lands.
Under enabling ordinances the railroad company constructed its tracks in certain streets without objection from the…
2Cited by9 opinions
- City of Moundsville v. Ohio R. R.West Virginia Supreme Court · 1892
- Metropolitan City Railway Co. v. City of ChicagoIllinois Supreme Court · 1880
- Tibbetts v. West & South Town Street Railway Co.Appellate Court of Illinois · 1894
- World's Columbian Exposition Co. v. BrennanAppellate Court of Illinois · 1893
- Parlin v. MillsAppellate Court of Illinois · 1882
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