City of Chicago v. Le Moyne

Citations

• 119 F. 662
• 56 C.C.A. 278
• 1902 U.S. App. LEXIS 4722

Syllabus

<p>1. Municipal Corporations — Structures Built in Exercise of Police Power—Injury to Private Property.</p> <p>Under the provision of the Illinois constitution that “private property shall not he taken or damaged for the public use without just compensation,” a city is not relieved from liability for damages caused to property by the construction of a viaduct in a street because it was built by the city in the exercise of its police power.</p> <p>2. Same—Liability for Damages.</p> <p>A city which caused the construction of a viaduct in a street cannot escape liability for damages caused to abutting properly on the ground that the order under which it was built was void.</p> <p>8. Evidence—Admissibility of Plats.</p> <p>It is no objection to the admissibility in evidence of a plat made by a witness from a survey made by him, showing the location and surroundings of property for injury to which the action is brought, that it is not the best evidence, and that the official plat should be produced.</p> <p>4. Damages—Injury to Property by Obstruction of Street.</p> <p>In an action to recover damages for injury to property owned by plaintiff by reason of the construction of an embankment for approach to a viaduct upon a street on which some of the lots fronted, while others were separated from them by an alley and fronted on another street, it is competent to show that the value of the latter was affected by the embankment by preventing access to them from the street on which it was built, through the lots fronting thereon, where it was previously shown that all the lots were leased and used together as one tract, having a frontage on both streets.</p> <p>5. Same.</p> <p>In an action to recover for an injury to property by the construction of a viaduct on the street- upon which it fronted, benefits to the plaintiff in common with the public generally, resulting from the building of a street railway line on the street in consequence of the viaduct, cannot be shown to offse