Barrows v. City of Sycamore

Citations

• 150 Ill. 588
• 25 L.R.A. 535

Syllabus

<p>1. Streets — uses to which they may be appropriated. The general rule long recognized by this court is, that,' having the free and exclusive control over streets, municipal authorities may appropriate them to any use not incompatible with the object for which they were established.</p> <p>2. In the application of the rule it has been held that a city council may lawfully authorize the laying of railroad tracks upon, and water, sewage and gas pipes under, public streets, and that property owners could neither enjoin such use, nor recover damages to property occasioned thereby.</p> <p>3. Laying pipes under the streets for the purpose of distributing water and gas and to carry off sewage, is lawful, both because it is necessary for the health, comfort and convenience of the inhabitants, and because it in no way interferes and is not incompatible with the use of such streets for public travel; yet it can not be contended that the water or gas works themselves could be lawfully built in a public street, as not being inconsistent with the public use.</p> <p>i. Same — liability of city for obstructing. A city has no right to so obstruct public streets as to deprive the public and adjacent property holders of their use, as such. Their primary object is for ordinary passage and travel, and the public and individuals can not be rightfully deprived of such use.</p> <p>5. Same — erection of stand-pipe in street. The erection of a standpipe or water works in a public street, near the buildings along the street, is an unlawful usd of such street, and the manner of operating the structure, or its dimensions, affect only the question of damage to property holders.</p> <p>6. Same — who may complain of obstructions. It is well settled that for obstructions to streets, resulting in no special injury to an individual, the public alone can complain. There are certain injuries which are necessarily incident to the ownership of property in towns or cities, which directly impair the val