Joliet & Chicago Railroad v. Healy

Citations

• 94 Ill. 416

Syllabus

<p>1. Navigable stream—of the “Healy slough.” The body of water in Coolc county, in this State, connected with the south branch of the Chicago river, and known as the “ Healy slough,” is not a navigable stream, in the sense in which that term is used in the law, when applied to streams with capacity to bear the usual products as well as the commerce of the country in suitable vessels for transportation. So, the public have not an easement over the “ Healy slough ” of a character to render a permanent railroad bridge over the same a public nuisance.</p> <p>2. Chancery—will not require that to he done which will he unavailing. But, without reference to the question of the rights of the public, or of riparian owners, in respect to the navigability of the “Healy slough,” where it was sought by the owner of a lot of ground abutting upon the slough, by bill in chancery, to compel a railroad company to remove a permanent bridge it had erected over the same for railroad purposes, and to restore that body of water to its former condition, by constructing a draw-bridge or otherwise, so as not to impair its usefulness; and to enable complainants to avail thereof as a means of communication by vessels from the Chicago river to a canal or slip owned by them, it appeared there was a space of ground, over which they had no control, intervening complainants’ canal and the slough, which cut off the water connection, so that a swing-bridge over the slough, in place of the permanent bridge sought to be removed, would be of no avail to them for the purpose alleged. It was held, a court of chancery would not grant the prayer of the bill to do so useless an act as the removal of the permanent bridge, inasmuch as such action could result only in injury and expense to the railroad company without any corresponding advantage to the complainants.</p> <p>3. Equity will not do that which will be of no benefit to the party asking it, and only a hardship upon the party coerced,—or, as the maxim