Chicago & Northern Pacific Railroad v. City of Chicago
Illinois Supreme Court
Appeal from the County Court of Cook county; the Hon. W. T. Hodson, Judge, presiding. On March 15, 1897, the city of Chicago passed an ordinance, providing for the curbing, filling and paving of West Taylor street in that city from the west curb line of California avenue to the east curb line of Kedzie avenue, and that the cost of said improvement should be paid by special assessment.
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Appeal from the County Court of Cook county; the Hon. W. T. Hodson, Judge, presiding. On March 15, 1897, the city of Chicago passed an ordinance, providing for the curbing, filling and paving of West Taylor street in that city from the west curb line of California avenue to the east curb line of Kedzie avenue, and that the cost of said improvement should be paid by special assessment. The usual proceedings were taken for the levying of the special assessment to pay for said improvement, and objections were urged by the appellant company to the legality of these proceedings. These objections…
1Opinion of the CourtJustice Magruder
Section 1 of the ordinance, providing for the improvement, by curbing, filling and paving, of West Taylor street between California avenue on the east and Kedzie avenue on the west, contains the following provision: “Said pavement to be laid to conform to the established grade of said West Taylor street between said points, as shown by an ordinance fixing the grade of said street now on file in the office of the city clerk.” The provision above quoted is the only provision in said ordinance, which in any way refers to, or describes, the grade of the portion of West Taylor street to be paved.…
2Cases cited8 opinions
- City of San Antonio v. MicklejohnTexas Supreme Court · 1895
- Washington Ice Co. v. City of ChicagoIllinois Supreme Court · 1893
- Barr v. Village of AuburnIllinois Supreme Court · 1878
- City of Quincy v. Chicago, Burlington & Quincy RailroadIllinois Supreme Court · 1879
- City of Carlinville v. McClureIllinois Supreme Court · 1895
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