C. & W.I.R.R. CO. v. ALQUIST

No. 32729.

415 Ill. 537 (1953)

114 N.E.2d 713

CHICAGO AND WESTERN INDIANA RAILROAD COMPANY, Appellee, v. ERIC ALQUIST et al. — (THE CITY OF CHICAGO, Appellant.)

Supreme Court of Illinois.

Opinion filed September 24, 1953.


Attorney(s) appearing for the Case

JOHN J. MORTIMER, Corporation Counsel, of Chicago, (L. LOUIS KARTON, and JOSEPH F. Fox, of counsel,) for appellant.

J.R. BARSE, SAMUEL KASSEL, and FRANKLIN C. GAGEN, all of Chicago, for appellee.


Judgment affirmed.

Mr. JUSTICE MAXWELL delivered the opinion of the court:

This is a direct appeal from a judgment of the circuit court of Cook County finding that neither the city of Chicago nor the public had any rights or interest in a certain tract of land which appellee sought to condemn for railroad purposes. This court has jurisdiction because a freehold is involved.

On June 17, 1949, appellee filed its petition to condemn certain properties...

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