City of Bloomington v. Brokaw & Gregory
Illinois Supreme Court
Appeal from the Circuit Court of McLean county; the Hon. Thomas F. Tipton, Judge, presiding. This was an action of assumpsit, by Brokaw & Gregory, surviving partners of the firm of Brokaw, Ellsworth & Co., against the city of Bloomington, to recover the amount of an assessment of damages. The opinion states the material facts.
1Opinion of the CourtChief Justice Walker
It is conceded, and properly so, that the city had the power to change the grade of its streets. Its charter confers on the city authorities ample power to improve the streets, and, in making such improvements, they must exercise prudence and skill. In failing to do so, they become liable for all damages that result from such action. Nevins v. The City of Peoria, 41 Ill. 502, and other cases in this court, announce the rule.
In this case, the city changed the grade of the street, and appellees applied for an injunction, and the judge decided that a preliminary injunction should be granted; but…
2Cases cited5 opinions
- Nevins v. City of PeoriaIllinois Supreme Court · 1866
- City of Olney v. Harvey & BoydIllinois Supreme Court · 1869
- City of Aurora v. GillettIllinois Supreme Court · 1870
- Higgins v. City of ChicagoIllinois Supreme Court · 1857
- Elrod v. Town of BernadotteIllinois Supreme Court · 1870
3Cited by11 opinions
- Van Meter v. Darien Park Dist.Illinois Supreme Court · 2003
- City of Shawneetown v. MasonIllinois Supreme Court · 1876
- City of Highland v. AuerAppellate Court of Illinois · 1925
- Fleming v. Elgin, Joliet & Eastern Railway Co.Illinois Supreme Court · 1916
- City of Paris v. CracraftIllinois Supreme Court · 1877
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