City of Chicago v. Cummings

Citations

• 144 Ill. 446
• 33 N.E. 34

Syllabus

<p>1. Special assessment — paving street — street railway — benefits assessed to abutting property. By ordinance of a city a street railway company was required to pave its right of way, being sixteen feet, along a street. By another ordinance the paving of the street its entire width was required, and the commissioners appointed for that purpose reported that they had made an estimate of the cost of such improvement:. Held, that the cost of paving the center sixteen feet of the street was wrongfully included in the estimate of the cost of the improvement to be charged upon the property benefited, and that judgment of confirmation of the assessment roll was properly denied.</p> <p>2. In such case the ordinance for the improvement of the entire street is not void, if so much was required for the public convenience; but the city having required the street railway company to “fill, grade, pave and keep in repair during all the time,” it has the privilege of using the street, sixteen feet in width, when a double track is used, “ in accordance with such ordinance as the city council may pass respecting such filling, grading, paving or repairing,” and requiring the same to be done by the railway company with like material, in like manner, and at the time as required in respect of the rest of the street, the cost of paving so much of the street should have been excluded from the estimate.</p>