The Law · 1890
Snell as a Toll Roads Creator —
Illinois Supreme Court Rules
After Snell's murder, his heirs tried to inherit the toll road franchise. The Illinois Supreme Court ruled that the right to collect tolls was a life estate — it died with Snell. Milwaukee Avenue became free.
Source: Illinois Courts.gov — Illinois Supreme Court History
Illinois Supreme Court History: Milwaukee Avenue Toll Road Case
Toll roads cause great irritation with motorists across the country and in Illinois. Proponents argue that the roads are largely self-sufficient and paid for by those who use them, while opponents complain of the high tolls and the restrictions on freedom of movement. One interesting Illinois Supreme Court case in the nineteenth century concerned the inheritance of a Milwaukee Avenue toll road.
Amos J. Snell was a wealthy Chicago landlord with thousands of tenants. In 1870, he purchased the Northwestern Plank-Road toll road. The road was built by the Northwestern Plank-Road Company under an 1849 grant by the state of Illinois. When Snell bought the road, he improved it with gravel but also erected more toll gates, much to the public's anger.
Timeline of the Legal Battle
1849
Northwestern Plank-Road Company incorporated by Illinois state grant.
1870
Amos J. Snell purchases the toll road for $20,000. Improves with gravel; adds more toll gates.
1880s
Snell becomes a millionaire. The toll road is his most lucrative investment.
Feb. 9, 1888
Snell is murdered in his home. No one is ever charged. He leaves no will.
Dec. 1888
Snell's heirs sue the City of Chicago to prevent removal of toll gates.
Feb. 6, 1890
Superior Court of Chicago rules for the city. Snell heirs appeal.
May 14, 1890
Illinois Supreme Court affirms: the right to collect tolls was a life estate — it cannot be inherited. 133 Ill. 413.
March 5, 1894
U.S. Supreme Court upholds Illinois decision. 152 U.S. 191. Milwaukee Avenue is free forever.
The Ruling
A Life Estate — Not Inheritable Property
After Snell's death, the city of Chicago began to tear down the toll gates because toll roads were not permissible in the city. Snell's heirs sued the City of Chicago to prevent the city from removing the gates. Justice Benjamin Magruder, writing for the Court, agreed with the Superior Court judgment, noting that the authority granted by the state to the old company was held by Snell as a life estate and the right to collect tolls could not be passed along forever to Snell's descendants despite what the sales agreement said.
The continued authority to charge tolls was contrary to public policy and the "free and untrammeled use [of roads] belongs to the public." Snell's heirs then appealed to the U.S. Supreme Court, 152 U.S. 191 (1894), which upheld the decision.
"Milwaukee Avenue has been a 'free and untrammeled' road ever since."
— Illinois Supreme Court, 1890
Primary Source
Illinois Courts.gov — Illinois Supreme Court History: Milwaukee Avenue Toll Road Case. illinoiscourts.gov