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McCOY v. UNION ELEVATED R.R. CO.

No. 190.

247 U.S. 354 (1918)

38 S.Ct. 504

62 L.Ed. 1156

McCOY ET AL., EXECUTORS OF McCOY, v. UNION ELEVATED RAILROAD COMPANY ET AL.

Supreme Court of United States.

Decided June 3, 1918.

Attorney(s) appearing for the Case

Mr. Harry S. Mecartney, with whom Mr. John S. Miller was on the briefs, for plaintiffs in error.

Mr. Francis W. Walker and Mr. Roger L. Foote, with whom Mr. Addison L. Gardner and Mr. Randall W. Burns were on the brief, for defendants in error.

MR. JUSTICE McREYNOLDS delivered the opinion of the court.

William A. McCoy, testator of plaintiffs in error, owned a hotel situated at the northwest corner of Clark and Van Buren Streets, Chicago. During 1897 defendants constructed along the latter street and in front of the building an elevated passenger railroad of the ordinary type and have continued to maintain and operate it. Charging that construction, maintenance and operation of the railroad had caused and...

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