PENN. R.R. CO. v. C., R.I. & P.R.R. CO.

No. 34521.

12 Ill.2d 574 (1958)

147 N.E.2d 363

THE PENNSYLVANIA RAILROAD COMPANY, Appellant, v. CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY et al., Appellees.

Supreme Court of Illinois.

Opinion filed January 24, 1958.


Attorney(s) appearing for the Case

JAMES B. O'SHAUGHNESSY, ALEXANDER POLIKOFF, and ROBERT H. BIERMA, all of Chicago, (DALSTREAM, SCHIFF, HARDIN, WAITE & DORSCHEL, of counsel,) for appellant.

MARVIN A. JERSILD, RICHARD O. OLSON, CHARLES I. HOPKINS, JR., MARTIN J. KEATING, and M.L. CASSELL, all of Chicago, for appellees.


Decree affirmed.

Mr. JUSTICE HOUSE delivered the opinion of the court:

Plaintiff brought suit in the superior court of Cook County for a declaratory judgment to establish the right in it to use certain railroad tracks constructed by it upon its solely-owned property, and to deny to defendants the right to enter upon and use such tracks and property. The trial court decreed, among other things, that defendants, by virtue of contracts between the parties and...

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