Hohmann v. City of Chicago

Citations

• 140 Ill. 226

Syllabus

<p>1. Municipal corporation—liability for injury to business from constructing viaduct over street. A city will not be liable to a saloon-keeper for the diversion of customers from his saloon by the erection of a viaduct over a street adjoining his place of business. If access to and egress from his premises are not cut off or injured by a street improvement, he will not be entitled to damages to his property. He has no vested legal right in having the street so kept as to attract the largest amount of travel by his premises, so as to bring the largest number of customers to his saloon.</p> <p>2. Evidence—to show injury to business and leasehold property. In an action against a city to recover damages to the plaintiff’s business and leasehold property from the construction of a viaduct near the premises, which tended to diminish the travel in that vicinity, the plaintiff offered to prove the average monthly receipts of his saloon business at its former location for the six months next preceding the erection of the viaduct, and compare them with his average monthly receipts in his new location since the viaduct was built, which the court refused to allow: Held, that the evidence was properly refused, even if a diminution oí the plaintiff’s business was an element of damages in the case.</p>