St. Louis, Alton & Terre Haute Railroad v. City of Belleville

Citations

• 122 Ill. 376
• 12 N.E. 680
• 1887 Ill. LEXIS 984

Syllabus

<p>1. Stbeets—vacating streets—by what authority — and of the mode. A public street or alley in a city can be vacated or closed only by the city council, and by it only upon a three-fourths majority vote of all the alder- , men authorized by law to be elected, to be taken by ayes and noes, and entered upon the record of the proceedings of the council or board.</p> <p>2. So a railway company, relying upon a resolution of the common council of a city vacating or allowing the closing of a portion of a public street, must see that such resolution or order has been adopted by the required vote, and entered upon the record of the proceedings of such common council. If such company closes up or obstructs a street not legally vacated, it may be held liable for the obstruction.</p> <p>3. Same—use of street by railway company—whether right exclusive, or jointly with the public. Where the joint use of a public street is granted to a railway company with the public, and its right is not exclusive in any portion thereof, the company may be properly convicted of a breach of an ordinance against obstructing streets and their crossings by locomotives and cars.</p> <p>4. An ordinance or resolution of a city appropriated certain streets to a railway company, “so far as the said company may require to appropriate the same in crossing them, in the construction of their railroad track, switches, turn-tables, etc., and other machinery and fixtures to be used or' employed by them in operating their said road, subject, however, to this proviso: that the same shall be occupied with as little detriment and inconvenience to the public as possible,” and requiring the crossings to be so graded as to make any embankments that should be made, no obstruction: Ueld, that this was but a provision for a joint use with the public having occasion to use the streets by other modes of travel.</p> <p>5. Estoppel-—how it may arise. It is of the essence of an estoppel vn pais, that the party having authorit