Illinois Supreme Court September 15, 1876 (Peoria & Rock Island Railway Co. v. Schertz)

lead-opinion

Mr. Justice Scott

delivered the opinion of the Court:

Elaborate and exhaustive arguments have been made on every phase of this case as presented by the record, but we think the decision rests upon the determination of a single question, viz: whether equity will assume jurisdiction to enjoin use of a railroad upon a street until the adjoining landowner’s damages shall have been