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· 9/26/1881

Truesdale v. Peoria Grape Sugar Co.

Citations

  • 101 Ill. 561
  • 1882 Ill. LEXIS 120

Syllabus

<p>1. Remedy—laying railroad traclt in street, by consent of city. A court of equity will not take jurisdiction to restrain the lajung of a railroad side-track by a company in the public street in front of its own properly, to connect with the main track of a railway, under license by the city council, by ordinance, on a bill by private individuals owning property in the vicinity, but not abutting on the part of the street to be used.</p> <p>2. Any damages that may be sustained by property owners in a city by reason of the construction of a railroad track under the license of the city holding the fee of the street, must be sought in an action at law.</p>

Judges: Mulkey, Scott

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