City of Pekin v. Brereton

Citations

• 67 Ill. 477

Syllabus

<p>1. Municipal corporation—liability for injury to private property by obstructing access to the same. Where a city council gave a railroad company the right to construct its track along a public street, and the company, under the right so conferred upon it, made excavations along such street so that the plaintiffs were deprived of convenient access to and from the street and to their lots, and the lots and tenements thereon were subject to injury by the caving and falling of the street and lots: Held, that the city was liable to the plaintiffs, in an action on the case, for the injury caused by such excavations.</p> <p>2. Same—injury resulting from exercise of right to grade streets. While the corporate authorities of cities are vested with power to grade their streets, yet, the mode in which the power is to be exercised in reference to the rights of others in the enjoyment of their property, is limited, in the same way and to the same extent as the power of a private person in the use of his property, unless such authorities call to their aid the right of eminent domain, in which case compensation must be made.</p> <p>3. Former adjudications. The case of Moses v. Pittsburgh, Ft. Wayne and Chicago Railroad Co. 21 Ill. 516, and that of Murphy v. The City of Chicago, 29 Ill. 279, are essentially modified by the case of Nevins v. Peoria, 41 Ill. 502, and by The Indianapolis, etc., Railroad Co. v. Hartley, ante, p. 439, on this question.</p> <p>4. Action—does not lie for a public injury. If an injury done by any one, is, in its nature, common and general, the law requires it to be made the subject of indictment or other public prosecution, instead' of allowing a multitude of private actions; and it seems that, in such case, no private action will lie; but such action will lie for any special damages.</p>