Chicago City Railway Co. v. People ex rel. Story

Citations

• 73 Ill. 541

Syllabus

<p>1. Burden of proof—in quo warranto. In proceedings in the nature of quo wmTanto, the people are not bound to show anything. The onus probandi generally lies on the defendant, who must prove his title as pleaded, or such part of it as is traversed.</p> <p>3. Evidence—when slight is sufficient. Where the right to allow a city railway in a public street was made to depend upon obtaining the consent of the owners of two-thirds of the property on such street, by lineal ure, after the lapse of over ten years, and the acquiescence of property holders, and the destruction of all written evidences by fire, it was held, that slight evidence was sufficient to establish the fact of consent.</p> <p>3. License—power to waive forfeiture. Where a railway company waS authorized by its charter to construct and maintain a railway in a certain part of the city of Chicago, over and along such streets, etc., as the common council had or might authorize, in such manner and upon such terms and conditions as the common council had or might contract with the company, and, by ordinance of the city, license was given to lay a single track along a certain street to the city limits within fifteen months, and the same was constructed half the way within the time required: Held, that the common council had the right and power to waive the condition as to the time for completing the same, it being a provision in favor of the city to secure the public interests.</p> <p>4. Forfeiture—who may waive. If the State, in granting a franchise, imposes a limitation or condition that a certain thing shall be completed within a given time, no other power can waive the forfeiture arising from the non-performance of the condition. But where a mere license is granted hy a city upon condition subsequent, it may, for satisfactory reasons, waive a strict performance of the condition.</p> <p>o. Franchise—defined. In the American States, a franchise is a privilege emanating from the government or sovereign power, a