Illinois Central Railroad v. Bentley

Citations

• 64 Ill. 438

Syllabus

<p>1. Highways—equity jurisdiction. The Illinois Central Railroad Company, being empowered in its charter to change highways intersected by its road so as to afford a more convenient crossing, or to cany such highway either under or over its track, as might be found most expedient, it was held that the option to change highway crossings was vested in the company, to be exercised by it, and that the exercise of such option could not be controlled by a court of equity when there was no pretense that the company, in the execution of the power, had failed to exercise the proper care, skill and precaution.</p> <p>2. ' Where a highway had been changed under competent legal authority, there being no charge of the want of proper care, skill and precaution in the exercise of the power, a court of equity has no jurisdiction to order the same to be restored to its former location, on the ground that it is a private nuisance to certain parties residing near the line of road so changed. And it would seem that if it were a public nuisance, the court would have no such jurisdiction, as the remedy at law for changing highways is adequate and complete.</p>