Chicago, Burlington & Quincy Railroad v. City of Chicago

Citations

• 134 Ill. 323
• 25 N.E. 514
• 1890 Ill. LEXIS 973

Syllabus

<p>Contract—use of street for railway purposes—agreement by company to indemnify the city against liability to individuals. A railway company accepted the provisions of a city ordinance giving it permission to lay its tracks along a certain street on the condition it.should pay the city for the erection of a viaduct over the street, which would be made necessary by the construction and operation of the road, and should indemnify the city from any and all legal damages, judgments, decrees, and costs and expenses of the same, which it might suffer, or which might be recovered or obtained against said city for or by reason of the granting of such privileges and authority, or resulting from the passage of the ordinance, or any matter or thing connected therewith. The city built the viaduct, and the owner of lots recovered $10,000 damages against the city for injury to the same by destroying the means of ingress and egress to and from the lots: Held, that the railway company was liable to the city for the amount so recovered for the damage resulting to the property owner by reason of the construction of the viaduct.</p>