Patterson v. Chicago, Danville & Vincennes Railroad

Citations

• 75 Ill. 588

Syllabus

<p>1. Injunction—enjoining railway company from using its road until damages are assessed. In case oí a claim of consequential damages to land on account of the operating of a railroad, where no part of the land claimed to be affected is taken for the use of the road, a bill in chancery will not be entertained to enjoin the use of the railroad until such damages are paid or assessed.</p> <p>2. Same — operating railroad vn public street without license. The fee of streets being in the city where they are located, and the city having the power to control and regulate their use, a court of equity will not, at the suit of an individual, enjoin a railway company from operating its road laid in the street without the permission of the city, but will leave the redress to the public authorities. .</p>