City of Quincy v. Chicago, Burlington & Quincy Railroad

Citations

• 92 Ill. 21

Syllabus

<p>1. Municipal corporation—power to allow railroad track in streets. It is well settled in this State, that a city may authorize the laying of railroad tracks in its streets, and where a city, under a resolution adopted, conveys a street absolutely to a railway company, the resolution and deed will give the company the right to construct, maintain and operate its tracks upon the street, even if invalid to pass the entire dominion in the street, and when such right is exercised, the city can not resume the grant to the exclusion of the company.</p> <p>2. Same—publication of resolution presumed from long acquiescence. The recognition by a city for over twenty years of a resolution granting a right to lay railroad tracks in certain streets as being in foi’ce, and its acquiescence thereunder, affords presumptive evidence of its due publication, if such proof were necessary to give it force.</p> <p>3. Same—mode of granting right to lay railroad track in streets. Although a city charter may provide that the city council shall have power to make all ordinances necessary and proper for carrying into execution the powers specified iu the act, the action of the city council, though in the form of a resolution, in connection with its deed granting the use of streets for railroad tracks, will be a sufficient grant of permission to so use the streets.</p>