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VILLAGE OF HILLSIDE v. CHI., AURORA & ELGIN R.R.

No. 61535.

40 Ill. App.3d 861 (1976)

353 N.E.2d 227

THE VILLAGE OF HILLSIDE, Plaintiff-Appellee, v. CHICAGO, AURORA AND ELGIN RAILROAD CORPORATION, Defendant and Third-Party Plaintiff-Appellee. — (THE VILLAGE OF BELLWOOD, Third-Party Defendant-Appellant.)

Appellate Court of Illinois — First District (4th Division).

Rehearing denied September 7, 1976.

Attorney(s) appearing for the Case

Staehlin, Jantorni, Sullivan and Gentill, of Chicago (John M. Sullivan and Susan L. Jantorni, of counsel), for appellant Village of Bellwood.

Burke & Burke, Ltd., of Chicago (John M. Burke, of counsel), for appellee Village of Hillside.

Holland & Holland, of Chicago, for appellee Chicago, Aurora and Elgin Railroad Corporation.

Judgment affirmed.

Mr. JUSTICE BURMAN delivered the opinion of the court:

The Village of Hillside, an Illinois Municipal Corporation, (Hillside) instituted this cause on September 5, 1973, seeking injunctive relief against the Chicago, Aurora & Elgin Railroad Corporation (CA&E) for allegedly causing and maintaining a nuisance at its right-of-way crossing with 51st Avenue. The CA&E answered, denying liability, and further filed a third-party complaint...

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