Snell v. Buresh

Citations

• 123 Ill. 151
• 13 N.E. 856

Syllabus

<p>1. Cobpobation—grant of powers—rule of construction, as affecting the private rights of others. Statutory sanction which will justify an injury by a corporation to private property without making compensation therefor and without the consent of the owner, must be express, or given by clear and unmistakable implication, so that it can fairly be said the legislature contemplated the very act causing the injury. When the terms of the statute are merely permissive, the act will not confer a license to commit a nuisance.</p> <p>2. While the assignee of a plank road company may have the right to the free and undisturbed enjoyment and use of all the powers and franchises •conferred on the corporation by its charter, which authorized the construction and use of the road, yet the act will not be so construed, if capable of a different construction, as to confer power to destroy or seriously injure the property of others, or establish a nuisance as against their property.</p> <p>3. Same—toll-gates on plank road—grant of power construed, as to points of location, in respect of private interests. A plank road company was incorporated in 1849, by special charter, by which it was authorized and empowered to construct its road and erect such toll-houses and gates as it might deem suitable. This road was laid out and constructed through a village, intersecting a public avenue which had been for many years used and traveled as a public street. In 1886 the owner of the road and franchise was about to place a toll-gate at the intersection of the avenue, whereby public travel would be obstructed and property holders on the avenue would sustain irreparable injury in their property and business: Held, that the general grant of power to erect toll-gates could not be exercised in such a manner as to create a nuisance or to materially damage the property of others, and the location of a toll-gate at the place proposed was perpetually enjoined.</p> <p>4. Injunction—to prevent the creation