City of Morrison v. Hinkson

Citations

• 87 Ill. 587

Syllabus

<p>1. Dedication—may be for various purposes. Property may be dedicated to the public for a great variety of purposes. It may be for the purposes of a street, for pleasure grounds, for burial purposes, or for the location of water works.</p> <p>2. Same—person buying lot takes subject to. Where a person buys a city lot bordering upon a tract of land set apart or dedicated to any public use, he takes it subject to all the annoyances incident to the use of the property for the purpose of the dedication, no matter how disagreeable they may be.</p> <p>3. Municipal corporation—when liable for using street for a water tank. The erection of a water tank in the center of a street, occupying one-half of the width thereof, and the erection and operation of a steam engine in connection therewith, even for the purpose of supplying the city and its residents with water, is not an use for which the street can appropriately be put, and the owner of a lot adjoining does not take subject to any such easement, and may maintain an action to recover for any damages done to his property in consequence of such erection.</p> <p>4. Remedy—when by indictment, and when by civil action. Where the sole cause of complaint is, that an unauthorized erection in a street causes an obstruction of the highway, the remedy is by indictment for the nuisance, but when special damage is sustained in consequence thereof, the injured party’s remedy is by civil action.</p> <p>5. Evidence—of title. Proof of possession claiming title in fee is prima facie evidence of such title.</p> <p>6. Execution—against city, is error. Under our laws no execution can lawfully be issued against the property of a city. In rendering judgment against a city it is error to award an execution.</p>