City of Aurora v. Reed

Citations

• 57 Ill. 29

Syllabus

<p>1. Pleadings—evidence—variance. Where the declaration in an action against a city for having so graded a street as to cause water to run therefrom into plaintiff’s building averred that water from the street ran into plaintiff’s building, and the evidence showed the water ran from the street over a space of a few feet before entering the building, there was no variance.</p> <p>2. Streets—grade—repairs. A city has full control over the grade of its streets, and may adopt such augle as the authorities may choose, and may lower or elevate it, at will, and the owners of lots adjacent to the street can not call it to account for errors of judgment in fixing the grade, or recover damages for inconvenience or expenses produced in adjusting the level of their premises with the street. But a city has no more power over its streets than a private person has over his own land, and the city, under the plea of public convenience, can not be allowed to exercise that dominion, to the injury of the property of another, in a mode that would render an individual liable to damages, without itself becoming responsible, The rule of law which protects the right of property of one individual against another individual, must protect it from similar aggressions on the part of municipal corporations.</p> <p>3. If a city, in fixing the grade of a street, turns a stream of water and mud on the grounds or cellar of a citizen, or creates in his neighborhood a stagnant pond that generates disease, it becomes liable to respond in damages.</p> <p>4 City—liable for damages for improper grads. Where the city, through its proper officer, fixes the grade of a street, and property owners improve the street under the direction of the officer, and the improvement of the street is so made that water from rains and melting snow runs to and discharges itself over a lot owned by an individual, the city is liable for damages. The city has no right to turn surface water on private property, nor does it chang