Stack v. City of East St. Louis

Citations

• 85 Ill. 377

Syllabus

<p>1. Municipal corporations—as to granting use of streets—liability to adjacent property owners. If a city authorizes a bridge company to construct an approach to a bridge in a public street, whereby the same is obstructed in front of, and along a party’s lot abutting on the same, rendering the use of the street in front of the lot impassable and useless, and whereby egress and ingress to the lot from the street is prevented, and water is caused to drain and flow upon the lot, and fill the cellars thereon, and, by reason of the noise, confusion, shaking, and the falling of dirt and dust, caused by teams and wagons passing over the approach, the plaintiff’s tenants occupying the houses on the lot are driven out, and the property injured and rendered less productive, the city will be liable to such lot owner, in an action on the case, for all the damage thus caused to his premises.</p> <p>2. Although a city holds the fee to its streets, yet it is in trust for the use of the public for the legitimate purposes of a street. It has no power</p> <p>to sell, lease or otherwise appropriate it to other purposes; nor can a street be closed or obstructed so as to deprive the public from its use as a highway. It is the duly of the city to keep its streets open and in repair for the use of all persons who desire to use them for travel and passage thereon.</p> <p>3. It has been held, that a city or village may authorize the laying of railroad tracks in their streets, and that such a use is not inconsistent with the trust for which they are held; but in so doing, the city has no right to so obstruct the streets as to deprive the public and adjacent property holders from their use as highways. Their primary object is, for ordinary passage and travel, and the public or individuals can not he rightfully deprived of such use.</p> <p>4. A city has no right to so obstruct its streets, or to authorize the same to be done, as to deprive property holders from free access to and from their