Legal Opinion

Metropolitan West Side Elevated R. R. v. Goll

Appellate Court of Illinois

Decided February 21, 1902PublishedCited by 9 opinions

Action on the Case.—Private property damaged for public use. Appeal from the Circuit Court of Cook County; the Hon. Elbridge Hanecy, Judge, presiding.

1Opinion of the Court

Mr. Presiding Justice Freeman

delivered the opinion of the court.

This is an action on the case to recover compensation for private property in the city of Chicago, no part of which has been “ taken,” but which it is alleged has been “ damaged ” for public use within the meaning of the constitutional provision upon that subject, by the construction and operation of appellant’s elevated railroad.

It is stated in appellant’s brief, in substance, that appellee made no attempt to prove and hence has abandoned any claim for injuries alleged to have been caused by shutting off light, darkening the…

2Cases cited20 opinions

  1. Rigney v. City of ChicagoIllinois Supreme Court · 1881
  2. Chicago & Eastern Illinois Railroad v. LoebIllinois Supreme Court · 1884
  3. Springer v. City of ChicagoIllinois Supreme Court · 1891
  4. Doane v. Lake Street Elevated RailroadIllinois Supreme Court · 1896
  5. City of East St. Louis v. O'FlynnIllinois Supreme Court · 1887

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3Cited by9 opinions

  1. Eizerman v. BehnAppellate Court of Illinois · 1956
  2. Southwestern Public Service Co. v. MooreTexas Supreme Court · 1930
  3. Missouri Pacific R.R. Co. v. JuneauSupreme Court of Arkansas · 1928
  4. City of Chicago v. McShaneAppellate Court of Illinois · 1902
  5. Berry v. City of ChicagoAppellate Court of Illinois · 2019

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