Hohmann v. City of Chicago
Appellate Court of Illinois
Appeal from the Circuit Court of Cook County; the Hon. Biohard S. Tuthill, Judge, presiding. Charles Hohmann, being the lessee from May 1,1888, to April 30,1893, of the lower part of the premises known as 68 Western avenue in the city of Chicago, brought an action against the city of Chicago to recover the damage done, as he claimed, to his leasehold interest, by obstructions to his premises, caused by the construction of the viaduct at Kinzie street and the approaches…
Read the full summary
Appeal from the Circuit Court of Cook County; the Hon. Biohard S. Tuthill, Judge, presiding. Charles Hohmann, being the lessee from May 1,1888, to April 30,1893, of the lower part of the premises known as 68 Western avenue in the city of Chicago, brought an action against the city of Chicago to recover the damage done, as he claimed, to his leasehold interest, by obstructions to his premises, caused by the construction of the viaduct at Kinzie street and the approaches thereto. Counsel for appellant in the brief by them filed, say: “ More broadly stated, Hohmann’s contention is that the…
1Opinion of the CourtWaterman, J.
The plaintiff had only a leasehold interest; the premises he occeupied were not taken, and for him to recover, it was necessary for him to show that there had been a direct physical disturbance of some right which he had in connection with his property, and which gave to it an additional value, and that by reason of such disturbance he had sustained a special damage in respect to his property in excess of that sustained by the public generally. Rigney v. City of Chicago, 102 Ill. 64.
To this he had a right and was permitted to show what the city had done in the way of obstructing access to his…
2Cases cited1 opinion
- Rigney v. City of ChicagoIllinois Supreme Court · 1881
3Cited by2 opinions
- Osgood v. City of ChicagoAppellate Court of Illinois · 1892
- Nauyoks v. StateCourt of Claims of Illinois · 1941