Mandamus is a proper remedy to compel a railroad company to furnish passenger cars and carry passengers and baggage, where it has done only a freight business. L. & M. Ry. Co. v. People, 222 Ill. 242. Mandamus lies to compel a railroad company to run a separate passenger train where the traffic requires and profits justify it. People v. St. L. A. & T. H. R. R. Co., 176 Ill. 512 (517). Mandamus is proper remedy to compel city to issue a permit to build a railroad track. P. Ft. W. & C. Ry. Co. v. City of Chicago, 159 Ill. 369 (378). Injunction against. An injunction will lie to restrain the operation of a commercial railroad in the streets of a city, even after it has been built and is being operated, at the instance of an abutting owner, who has not consented to the railroad and condemnation has not been had, even though the railroad secured a city franchise. Spalding v. M. & W. I. Ry. Co., 225 Ill. 585. Where injunction is sought against the elevation of a railroad track, on the ground that an abutting owner will lose use of part of the street does not involve a freehold. Hoffman Bros. Brwg. Co. v. Town of Cicero, 223 Ill. 155. An injunction will be granted to restrain a railroad company from elevating its tracks under an ordinance passed by less than the vote required by statute. People v. A. T. & S. F. Ry. Co., 217 Ill. 594. Where the fee to a street is in the city, injunction to restrain the construction of a railroad under city license will not lie at the instance of an abutting owner. Wilder v. Aurora, etc., Trac. Co., 216 Ill. 493. A steam railroad cannot enjoin a street railway from crossing its tracks at street crossings, on permit from the city. Gen'l Elec. Ry. Co. v. C. & W. I. Ry. Co., 184 Ill. 588. Injunction lies at suit of abutting owner when he owes the fee, to restrain railroad company from laying track in public street. Bond v. Pennsylvania Co., 171 Ill. 508 (514). Railroad companies are not authorized to build tracks in a street without the consent of abutting owners, where the fee is in such owners, even though they have a city permit-condemnation necessary. Bond v. Pennsylvania Co., 171 Ill. 508 (514). Injunction will not lie at suit of railroad company to prevent use of street as a hackstand, even though a public nuisance. P. Ft. W. & C. Ry. Co. v. Cheevers, 149 Ill. 430. Injunction will not lie at suit of an abutting owner to restrain building of a railroad in a public street. He has an action at law for damages, because of the additional servitude. Corcoran v. C. M. & N. R. R. Co., 149 Ill. 291 (297). Special assessment of. Railroad company cannot be assessed for pavement between rails on street where it has not yet laid its track. Harris v. City of Macomb, 213 Ill. 47. An attorney for a railroad may, on motion of the city's attorney, be allowed to appear in a special assessment casewhen. Jones v. City of Chicago, 206 Ill. 374. A railroad right of way, held not local improvement on another street. usually benefited by a Not assessable here. Village of River Forest v. C. & N. W. Ry. Co., 197 Ill. 344. Description of railroad property as "right of way, right of occupancy, franchise and interest" is sufficient in special as sessment. S. Chicago City Ry. Co. v. City of Chicago, 196 Ill. 490. Special assessment may be imposed upon a part of railroad right of way, which is benefited. Lake St. "L" R. R. Co. v. City of Chicago, 183 Ill. 75. Railroad property may be specially assessed when used for depot grounds, or leased to private parties. C. T. T. Co. v. City of Chicago, 178 Ill. 429. Right of way of railroad company in public street is subject to taxation for street improvement. C. R. I. & P. Ry. Co. v. City of Moline, 158 Ill. 64 (71). Railroad right of way may be specially assessed for a local improvement, if benefited. I. C. R. R. Co. v. City of Kankakee, 164 Ill. 608. C. R. I. & P. Ry. Co. v. City of Moline, 158 Ill. 64 (71). Assessing railroad a certain percentage of total cost of street improvement is illegal-should be determined by exercise of reasonable judgment, same as other assessments. C. K. I. & P. Ry. Co. v. City of Moline, 158 Ill. 64 (73). Taxation of-Procedure. Railroads in whose name taxes are assessed may present objections, without proof of their interest in land assessed. C. & E. I. R. R. Co. v. People, 218 Ill. 463. What informalities in the levy of a tax do not defeat the assessment. C. & E. I. R. R. Co. v. People, 218 Ill. 463. Railroad company admits it is a resident land owner when it appears and files the objection to tax judgment, that such owners should receive notice and it was not so notified. E. J. & E. Ry. Co. v. Hohenshell, 193 Ill. 159. Railroad company is subject to taxation in Illinois although its main line is in another State, where it has depots, shops, switch yards, etc. in this State, though reached over a leased track. Q. O. & K. C. Ry. Co. v. People, 156 Ill. 437. Taxation-"Railroad track." An approach to a railroad bridge used for railroad purposes is part of the "railroad track," and is subject to taxation under the laws applicable to taxing "railroad track." Board of Equalization v. People, 229 Ill. 430. The collection of a toll fee for wagon travel over a railroad bridge, containing also a wagon way, is a franchise privilege, when such railroad has been granted authority to operate a toll bridge, and is not subject to local taxation. People v. A. T. & S. F. Ry. Co., 225 Ill. 593. Railroad property is such for purposes of taxation although it is also used for other purposes; as when a railroad bridge contains a wagon road for travel, over which a toll is charged. People v. A. T. & S. F. Ry. Co., 225 Ill. 593. Land upon which a reservoir stands from which locomotives are supplied with water is "railroad track”, though adjoining the right of way, and taxable as such. C. & E. I. R. R. Co. v. People, 218 Ill. 463. Embankments and approaches to a railroad bridge are "railroad track" under the statute, and must be assessed by the State Board of Equalization, not local assessor. People v. Ill. Cent. R. R. Co., 215 Ill. 177. "Railroad track," as used in the Revenue Act, includes sidetracks, switches and all real estate used for or as part of the right of way. People v. Board of Equalization, 205 Ill. 296. Assessment of railroad property for "omitted taxes" is illegal. Wabash R. R. Co. v. People, 196 Ill. 606. Sheep pens built alongside the track are not "railroad track" for purposes of taxation. C. & N. W. Ry. Co. v. People, 195 Ill. 184. "Railroad tracks," as used in Revenue Act, defined. C. & N. W. Ry. Co. v. People, 195 Ill. 184. Land held and used as right of way under color of title only, held to be "railroad track" for taxation. C. M. & St. P. Ry. Co. v. Grant, 167 Ill. 489. "Railroad track" for taxation includes sidetracks, depots, shops, etc. Q. O. & K. C. Ry. Co. v. People, 156 Ill. 437 (442). Assessment of "railroad track" by local assessor in void. Assessment must be by Board of Equalization. C. M. & St. P. Ry. Co. v. Grant, 167 Ill. 489 (494). Taxation of right of way should not be by State Board when real estate has been scheduled with County Clerk as not "railroad track." I. C. Ry. Co. v. People, 156 Ill. 373. Statement of railroad company in its schedule as to location of its property is not conclusive on the County Clerk. He may determine location by other evidence. I. I. & I. R. R. Co. v. People, 154 III. 558. Taxation-By whom levied. Real property other than railroad track owned by a railroad cannot be removed from local taxation by returning it to the Board of Equalization as railroad track. People v. Board of Equalization, 205 Ill. 296 (304). The statute (Revenue Act) for the assessment of railroad track by the Board of Equalization held constitutional. People v. Board of Equalization, 205 Ill. 296 (302). Reasons and purposes for the assessment of railroad track by the Board of Equalization, stated. People v. Board of Equalization, 205 Ill. 296 (300). Elevated railroads are not "street railways" for taxation purposes, but "railroads," not assessable by local assessors. Knopf v. Lake St. "L" Co., 197 Ill. 212. |