Englewood Connecting Railway Co. v. Chicago & Eastern Illinois Railroad

Citations

• 117 Ill. 611

Syllabus

<p>1. Eminent domain—parties—in proceeding to condemn right of way across the trach of another railroad—as to a lessee of the latter road. Where one railroad company gives another one a lease of a portion of its track, between a certain place and its terminus, but reserves its franchise and the right to exercise its corporate powers and the “general control, management and supervision of the main line of the track, * * * and the full and sole control and direction of the management, use, location, improvement and repair of the same,” etc., the lessee company will not have such an interest in the line of the road leased as to make it a necessary party to a proceeding by another railroad company for the condemnation of a right of way across the track of the lessor company.</p> <p>2. Appeal—:final judgment in the Appellate Court—what so considered. A suit in chancery, seeking an injunction, only, was heard on bill, answer and exhibits, and the injunction dissolved and the bill dismissed, and on appeal the Appellate Court reversed the order and decree of the circuit court, holding that the complainant was entitled to the relief sought, and remanded the cause: Held, that the judgment of the Appellate Court being so far final that nothing remained to be done in the circuit court but to enter a decree in accordance with the decision of the Appellate Court, an appeal or writ of error would lie to review the same.</p>