Hoag v. Switzer

Citations

• 61 Ill. 294

Syllabus

<p>1. Constitution of 1848—road damages. Under the constitution of 1848, and the statutes in force in March, 1870, a party is not entitled to damages by reason of the construction of a highway adjoining and abutting against his lauds where no part thereof has been taken for the use of the road.</p> <p>2. Road damages—power of commissioners. At that date the commissioners of highways had no power to consider, assess or award consequential or remote damages to a party by reason of the construction of a highway where no part of his lands had been taken for that purpose. The road law of 1861, sections 55, 56 and 68, does not conflict with this view, hut sustains it.</p> <p>3. Division fences—their removal. The proprietors of adjoining lands are not under any legal obligation to perpetually maintain division fences with each other. It is a matter of convenience between the parties, which either party may, at his pleasure, terminate by giving the statutory notice. And when the same thing, and nothing more, is done, under the direction of the town officers, no damages can occur.</p>