People ex rel. Spruance v. Chicago & Northwestern Railway Co.

Citations

• 57 Ill. 436

Syllabus

<p>1. RailboaUs—of the right of others to connect their side-trades withi a railroad. By the rules of the common law, railroad companies can not be compelled to permit individuals to connect side-tracks of their own, with the tracks of the companies, in order to enable the latter to carry grain to warehouses or elevators which have been erected off their lines of road.</p> <p>2. Same-—averment of a custom in that regard And where it is sought to compel a railroad company to permit such connection, upon the ground of an alleged custom among the companies whose lines concentrate at the place indicated, the custom must be made clearly to appear, and to have existed so long as to have the force of law.</p> <p>3. Lessee—whether a contract passes to him. The owner of a lot of ground in the city of Chicago, having erected a grain elevator thereon, was permitted, by contract with a railroad company, to connect a side-track, extending from his elevator to the company’s line, with its track. So far as appeared, the contract was purely personal, and in no way attached to the realty: Held», a subsequent lessee of the elevator, did not succeed to any of the rights of his lessor, in respect to such contract.</p> <p>4. Same—of rights granted to the lessor by ordinance of the city. Where the city had, by ordinance, granted to the lessor the privilege of laying down a track along one of its streets, in order that he might connect his elevator with the line of a railroad, such grant of authority being made specially to the lessor, the mere leasing of his elevator to a third person would not operate to -pass to the lessee any of the rights secured to the lessor under the ordinance.</p>