City of Elgin v. Eaton

Citations

• 83 Ill. 535

Syllabus

<p>1. Municipal corporation—injury from change of grade of streets. Under the constitutional provision that “ private property shall not be taken or damaged for public use without just compensation,” if injury to private property is sustained by changing the grade of a street, the municipal corporation causing the same to be made will be liable to the owner in damages.</p> <p>2. Eminent domain—act relating to, not retrospective. The laws in force at the time a city enters upon a public improvement of a street, by changing its grade, will fix and determine the right of a property holder to damages, and it can not be altered by subsequent legislation.</p> <p>3. Same—measure of damages. If private property is damaged by a change in the grade of a street, the recovery must be measured by the extent of the pecuniary loss. If it is benefited as much as damaged, there can be no recovery, and it is error to refuse testimony to show that fact.</p> <p>4. Same—evidence—profile of grade. In a suit by the owner of a house and lot to recover damages growing out of a change in the grade of a street, after the work is commenced and before its completion, the profile of the proposed improvement is proper evidence against the city.</p> <p>5. Execution—against city. It is error to award an execution against a city.</p>