Chicago, Burlington & Quincy Railroad v. City of Quincy

Citations

• 136 Ill. 489
• 27 N.E. 232
• 1891 Ill. LEXIS 992

Syllabus

<p>1. Use of streets—for railroad purposes—powers of municipal corporations—contract—improper use, remedy by injunction.' Where the legislature has committed a portion of its sovereignty to municipalities, such as cities, towns and villages, in respect to streets, highways and public grounds within their limits, such municipalities are thereby invested with the authority of the State in this respect, and may maintain a bill in equity to restrain the obstruction of streets within their limits.</p> <p>2. A provision in a city charter giving the city council exclusive power over-its streets, will authorize such city council to confer upon a railroad company the right to use the streets with its track for railroad purposes.</p> <p>3. Where a city, under express legislative authority, fairly enters into a contract with a railway company, whereby the use of certain parts of streets is granted to the latter for its main and side-tracks, switches, frogs, etc., with the right in the company to grade and improve such parts of the streets as it may desire, subject to the restriction that the improvement of the streets shall be so made that wagons, drays and other vehicles may cross over the same conveniently, the courts will enforce such contract; and if the railway company, or its successor, afterward attempts to erect obstructions on the parts of such streets so as to interfere materially with the passage of vehicles’over the same, a court of equity will enjoin such attempted acts, but will not enjoin acts permitted by the contract.'</p>