Central City Horse Railway Co. v. Fort Clark Horse Railway Co.

Citations

• 81 Ill. 523

Syllabus

<p>1. Eminent domain—taking part of horse railway. One horse railway company has no right, hy proceedings of condemnation, to take for its joint use a part of a previously constructed railway of another company in successful operation, and thus render the fragments not so taken unproductive, and make the franchise of the first company of but little value, and if such an attempt is made, a court of equity will enjoin the same.</p> <p>2. Same—statute construed. The statute authorizing the condemnation of property by horse and dummy railroads, ch. 66, R. S. 1874, contemplates private property alone, and not property used and occupied by the public.</p> <p>8. By a very liberal construction of the statute and of the Eminent Domain Act, it may be that a newly organized horse railway company may condemn the entire road of a similar company, previously incorporated, and appropriate it to its own use on paying just compensation therefor.</p>