Chicago & Northwestern Railway Co. v. People ex rel. City of Elgin

Citations

• 91 Ill. 251

Syllabus

<p>1. Limitation—possession must be adverse during requisite period. Under the twenty years limitation law, in order to constitute a bar, the possession of laud must be held adversely during the full period of twenty years. If adverse in its inception, but before the expiration of such term the possession is held under an agreement with the owner permitting the use of the land, the statute Will not apply and no bar will be created.</p> <p>' 2. Estoppel in pais—applies to municipal corporations. Where the authorities of a city acquiesced for nineteen years in the use of a public street by a railroad company, in maintaining an arch over the street, and then made an agreement in writing whereby the right- to so use the street was continued until it should be necessary to rebuild the arch, it was held, that the city, by these acts of recognition and acquiescence, was estopped from compelling the company to remove the arch and obstruction, until it should become necessary to rebuild the same.</p> <p>3. Streets—city may allow their use for railroad. A city has the power to allow the construction of a railroad upon or over its streets, and the public will be bound by whatever may be lawfully done in regard to the streets by the city.</p>