City of Olney v. Wharf

Citations

• 115 Ill. 519
• 5 N.E. 366

Syllabus

<p>1. Munich?ai oobpobation—granting use of streets for railway purposes—liability to abutting property owners for injury therefrom. An incorporated city or town may lawfully grant the right and privilege of constructing and operating a railroad in a public street, the fee of which is in the city or town, if it makes all proper and reasonable provisions to protect lot owners and the public in the free use of the same, and in so doing will incur no liability to owners of lots abutting on such street, who must look to the railway company for any damage thereby caused to their property.</p> <p>2. A railway company being authorized by law to construct and operate its road through an incorporated town which held the fee to its streets, the town authorities by ordinance granted the privilege of constructing the road along the center of a public street, upon condition the company should grade the street and plank its track with two-inch boards, so as to secure, as far as possible, to the public the free and uninterrupted use of the street, and the road was so constructed, whereby a lot owner, whose lot was on the street, was damaged in consequence of raising the grade of the street and by obstructing the view from his premises, etc.: Held, that the town having lawfully granted the right of way, and being guilty of no negligence or wrongful act, was not liable to the lot owner.</p>