Tearney v. Smith

Citations

• 86 Ill. 391

Syllabus

<p>1. Commissioners of highways — liability for injury from constructing ditches, etc., along road. Commissioners of highways are individually liable in an action on the case for making a drain or ditch, and a grade or embankment, so near the' land of a party, and in so unskillful and careless a manner, as to cause the rain and surface water running from such drain to flow upon the plaintiff’s premises to his injury.</p> <p>2. The work of constructing or repairing a public highway is not a judicial, but a ministerial, act, and must be performed with a proper regard to individual rights as well as the public accommodation, and for the negligent performance of ministerial acts the commissioners of highways are personally responsible if injury results to others.</p> <p>3. Condemnation of land —for road, what rights acquired by. The acquisition of land by condemnation for a public road, and the payment of the damages awarded to the owner, will give the public the right to construct a highway over it in the mode and manner deemed most expedient, and the owner can not afterwards recover for injuries then shown that he must unquestionably suffer; but such condemnation is no bar to a suit by the land owner for a subsequent injury growing out of negligence and unskillfulness in the public authorities in constructing drains in the highway, resulting in serious injury to the owner.</p> <p>4. Use of one’s own property — to whom, rule applies. The maxim that no one has a right to use his own so as to injure another, applies as well to townships as to incorporated cities and natural persons. Such bodies must exercise their rights in such a manner as to inflict no avoidable injury upon an individual.</p>