Legal Opinion

Chicago, Danville & Vincennes Railroad v. City of Chicago

Illinois Supreme Court

Decided May 12, 1887PublishedCited by 6 opinions

Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Cook county; the Hon. Thomas A. Moran, Judge, presiding.

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Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Cook county; the Hon. Thomas A. Moran, Judge, presiding. The Chicago, Danville and Vincennes Eailroad Company was incorporated by a special charter of the State of Illinois, February 16, 1865. (2 Laws of 1865, p. 140.) The company was, by its charter, authorized to construct a railroad from Vincennes, Indiana, with a single or double track, to and into the city of Chicago, and to locate said road through its whole length, with a width of one hundred feet, and to appropriate land…

1Opinion of the CourtJustice Sheldon

There is no permission given by the city ordinance to lay a railroad track upon these streets specifically, except Ann street, which are crossed by this side-track in question. But the permission is claimed to be derived from the general language of the latter provision of the fourth section of the ordinance of October 8, 1886, which is, to lay down such tracks “as may be necessary to the convenient use of any depot grounds said company may now own or hereafter acquire in the vicinity of or adjoining said line of road, and to form connections with other roads. ” It is said this side-track is…

2Cases cited2 opinions

  1. Moses v. Pittsburgh, Fort Wayne & Chicago RailroadIllinois Supreme Court · 1859
  2. St. Louis, Vandalia & Terre Haute R. R. v. HallerIllinois Supreme Court · 1876

3Cited by6 opinions

  1. City of Chester v. Wabash, Chester & Western RailroadIllinois Supreme Court · 1899
  2. City of Sacramento v. Pacific Gas & Electric Co.California Supreme Court · 1916
  3. Chicago, Burlington & Quincy Railroad v. City of QuincyIllinois Supreme Court · 1891
  4. Colorado & Southern Railway Co. v. City of Fort CollinsSupreme Court of Colorado · 1911
  5. Northwestern Elevated Railroad v. City of ChicagoIllinois Circuit Court · 1904

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