Peoria & Rock Island Railway Co. v. Schertz

Citations

• 84 Ill. 135

Syllabus

<p>1. Chancery jurisdiction—enjoin in g use of railroad on street. A court of equity will not assume jurisdiction to enjoin the use of a railroad track upon a public street until the adjoining landowner’s damages shall have been assessed and paid under the Eminent Domain Act, and this though the railway company may be insolvent.</p> <p>2. Eminent domain—■ compensation for injury to property not taken. Under the Eminent Domain Act, an adjoining landowner, where no portion of his land is actually taken, or sought to be condemned for public use, is not entitled to have proceedings instituted to ascertain what damages his property may sustain in consequence of the construction and .operation of a railway upon contiguous or adjacent lands in which he has no interest.</p>