Metropolitan City Railway Co. v. City of Chicago

Citations

• 96 Ill. 620
• 1880 Ill. LEXIS 81

Syllabus

<p>1. Chancery jurisdiction—to prevent public nuisances. A court of equity has jurisdiction on the application of the State government to restrain the placing of an obstruction in or upon public highways, streets, bridges, public grounds and navigable waters; and the legislature having committed a portion of its sovereignty to municipalities, such as cities, towns and villages in respect to streets, highways and public grounds within their limits, they are invested with, the authority of the State in this respect and may maintain a bill in equity to restrain an obstruction of streets, etc., in their limits.</p> <p>2. Street railway—consent of local authorities. Under the constitution of this State the legislature can not grant the right to construct and operate a street railroad within any city, town or incorporated village except by requiring the consent of the local authorities having control of the streets or highways proposed to be occupied by such street railroads, and this applies to horse railways.</p> <p>3. Same—publication of notice. Under the “ act in regard to horse and dummy railroads,” approved March 9,1874, the city, town or village authorities are prohibited from giving consent to construct and operate a horse railroadjn the streets, unless at least ten day’s public notice of the time and place of presenting the petition shall first have been given by publication in some newspaper published in the city or county where such road is to be constructed. The publication of the report of a committee recommending the granting of such leave, ten days before the adoption of an ordinance authorizing the construction of such a road, and the publication of the ordinance, is not a compliance with the statute.</p>