Chicago General Railway Co. v. Chicago, Burlington & Quincy Railroad
Illinois Supreme Court
Writ of Error to the Superior Court of Cook county; the Hon. Farlin Q. Báll, Judge, presiding. ' This is a bill for an injunction, filed by the plaintiff in error against the defendants in error, the city of Chicago and the Chicago, Burlington and Quincy Railroad Company, to enjoin the latter from erecting on Twenty-second street and Lawndale avenue in Chicago, where the right of way of said railroad company crosses and intersects said streets, any alleged obstructions,…
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Writ of Error to the Superior Court of Cook county; the Hon. Farlin Q. Báll, Judge, presiding. ' This is a bill for an injunction, filed by the plaintiff in error against the defendants in error, the city of Chicago and the Chicago, Burlington and Quincy Railroad Company, to enjoin the latter from erecting on Twenty-second street and Lawndale avenue in Chicago, where the right of way of said railroad company crosses and intersects said streets, any alleged obstructions, which shall create sub-ways at those points of a clear headroom of less thau sixteen feet of from maintaining the same, or…
1Opinion of the CourtJustice Magruder
Lawndale avenue and Twenty-second street in Chicago are public highways. Neither the city alone, nor the city in conjunction with any railroad company, has the right to build or erect in these public highways any permanent obstruction, which shall interfere with the passage over the same of all persons and vehicles,* having the right to use the public streets. The plaintiff in error operates its street cars under articles of incorporation authorized by the general railway law of the State, and under an ordinance passed by the city of Chicago, permitting it to lay its tracks in certain…
2Cases cited4 opinions
- Chicago Public Stock Exchange v. McClaughryIllinois Supreme Court · 1894
- Green v. OakesIllinois Supreme Court · 1855
- Barrows v. City of SycamoreIllinois Supreme Court · 1894
- Snell v. BureshIllinois Supreme Court · 1887
3Cited by23 opinions
- Young v. Bryco ArmsIllinois Supreme Court · 2004
- Lipkin v. BurnstineAppellate Court of Illinois · 1958
- Stephens v. Chicago, Burlington & Quincy RailroadIllinois Supreme Court · 1922
- Suro v. PadillaDistrict Court, D. Puerto Rico · 1976
- Winhold v. FinchIllinois Supreme Court · 1919
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