Nevins v. City of Peoria

Citations

• 41 Ill. 502

Syllabus

<p>1. CmES—highways—how far a city is responsible for the manner of its exercise of the power to grade and drain the streets. A city has absolute control over the grade of its streets, and can make the grade light or heavy, it can elevate or lower it at pleasure, and the owners of adjacent lots cannot call it to account for errors of judgment in these respects, or demand damages because they may incur inconvenience or expense in adjusting the level of their own premises to that of the street for the purpose of ingress and egress. A city is the owner of the streets, and is given power to grade them.</p> <p>2. But a city has no more power over its streets than a private individual has over his own land, and it cannot, under the plea of public convenience, be permitted to exercise that dominion to the injury of another’s property in a mode that would render a private individual responsible in damages, without being responsible itself. The same law that protects the right of property of one private individual against invasion by other individuals,- must protect it from similar aggression on the part of municipal corporations.</p> <p>8. A city may elevate or depress its streets as it thinks proper, but if, in so doing, it turns a stream of mud and water upon the grounds and into the cellars of one of its citizens, or creates in his neighborhood a stagnant pond that brings disease upon his household, it should not be excused from paying for the injuries it has directly wrought.</p> <p>4. And if it should become necessary for the interest of the public, in the process of grading or drainage of the streets, that the lot of an individual shall be rendered unfit for occupancy, either wholly or in part, the public should pay for it to .the extent to which it deprives the owner of its legitimate use.</p> <p>5. The constitutional provision that private property shall not be taken for public use without due compensation, applies as well to secure the payment for property partiall