Illinois Central Railroad v. Chicago, Burlington & Northern Railroad

Citations

• 122 Ill. 473

Syllabus

<p>1. Removal oe cause—from State to Federal cou/rt—in proceeding under Eminent Domain act, as between two railroad compamies. In a proceeding to condemn a right of way by a railway company over lands held by the Illinois Central Railroad Company, partly under grant of the United States and partly by condemnation, the latter company moved the court to transfer the cause to the Circuit Court of the United States, on the ground that it owed duties to the United States which it could not discharge efficiently if its right of way was taken, which motion was overruled: Held, that there was no error in refusing to so transfer the cause to the United States court.</p> <p>2. Eminent domain—condemning the right of way, along the line of one railroad, for the use of another company. The legislature of the State, subject to the conditions in the constitution, has the power, by a general law, to authorize one railway company to condemn a part of the right of way of another, longitudinally, several miles, when necessary for the construction and use of the new road; but without such legislative authority such condemnation can not be had.</p> <p>3. The general grant of power given in section 17, chapter 114, of the Revised Statutes, relating to railroads, to take and condemn real estate for railroad purposes, is not intended to extend to property already applied to a public use.</p> <p>4. While the legislature have provided by law for the crossing and intersection of one railroad over and across the track and right of way of another, and required the company whose road is crossed or intersected, to unite with the new railway company in forming such intersections and connections, and grant the proper facilities therefor, it has not given a new railway corporation the right to condemn the right of way of a prior company, longitudinally, for a number of miles in length, or any part thereof, to the exclusion of such prior company.</p> <p>5. The power to take the right of way, or any p