Newhall v. the Galena

• Decision Date: 30 June 1853
• Citation: 14 Ill. 273,1853 WL 4698,4 Peck 273
• Parties: HORATIO NEWHALL, Appellant,v.THE GALENA AND CHICAGO UNION RAILROAD COMPANY et al., Appellees.
• Court: Illinois Supreme Court

14 Ill. 273
1853 WL 4698 (Ill.)
4 Peck (IL) 273

HORATIO NEWHALL, Appellant,
v.
THE GALENA AND CHICAGO UNION RAILROAD COMPANY et al., Appellees.

Supreme Court of Illinois.

June Term, 1853.

NEWHALL filed his bill, seeking to enjoin the Galena and Chicago Union Railroad Company from constructing a lateral road, extending from the main trunk towards Dixon. The bill alleged, that Newhall was a stockholder in the Galena and Chicago road, and that by the construction of the lateral road in question his dividends would be diminished, and the resources of the company impaired. The bill charged, that the company had not power to build the lateral road. To the bill an answer was filed, denying that the revenues would be diminished or the resources of the company would be impaired, and affirming the right and power of the company, under its charter, to build the lateral road sought to be enjoined. By consent, a pro formâ decree was pronounced by M. SKINNER, Judge, at the July term, 1852, of the Cook County Court of Common Pleas, dismissing the bill. The complainant thereupon took his appeal to this court.

N. B. JUDD, J. FRINK, G. GOODRICH, and LYMAN TRUMBULL, for appellant.

J. H. COLLINS, for appellees.

CATON, J.

The principal question in this case depends upon the construction to be given to that part of the sixth section of the defendants' charter, which authorizes them to construct lateral roads, and which is in these words: “And they may also construct, maintain, and use such other lateral routes as may

[14 Ill. 274]

be deemed advantageous, and expedient, and necessary, under the same rights and privileges as by this act is provided for the construction of the main route. And it shall be lawful, also, for the said corporation to unite with any other railroad company, already incorporated, or which may be incorporated upon any part of said road, upon such terms as may be agreed upon by the directors of said company; and also to construct such other and lateral routes as may be necessary to connect them with any other route, or routes, which may be deemed expedient.” After the main trunk of the road had been completed, and put in operation, from Chicago to Rockford, and while prosecuting the work still further west, the board of directors caused to be surveyed and located, a road starting from the main road at a point called Junction, about 30 miles west of Chicago, and proceeding, in a south-westerly direction, to Jefferson Grove, in Ogle county, where it is...