Illinois Central Railroad v. City of Chicago

Wilkin and Phillips, JJ.,

dissenting.

Mr. Justice Magruder

: I dissent from this opinion. It is inconsistent with the recent decisions of this court adopted after mature reflection known as the grade crossing cases. In my opinion every railroad company takes its charter and its right to lay tracks, or to have a right of way at all, subject to the right of the people to extend their streets and highways across such tracks and right of way.