Legal Opinion

Ward v. City of Murphysboro

Appellate Court of Illinois

Decided August 31, 1898PublishedCited by 3 opinions

Trespass, for destroying buildings, etc. Trial in the Circuit Court of Jackson Comity; the Hon. Alonzo K. Vickers, Judge, presiding. Verdict of not guilty and judgment for defendant. Appeal by plaintiff.

1Opinion of the CourtJustice Bigelow

The grounds relied upon by appellants for a reversal of the jndgment, are the giving and refusing instructions. The plaintiffs asked the court to give the jury four instructions, all of which were refused and plaintiffs excepted. The first instruction is as follows:

First. “ Before the city, or any one representing it, can legally tear down and remove a building within the fire limits of the city, it is the law that the city shall give to the owners of such building notice to remove it himself, and if the city fails to do this, and then proceeds to abate and tear the same down, it is liable to…

2Cases cited2 opinions

  1. Floyd v. RathledgeAppellate Court of Illinois · 1891
  2. Village of Louisville v. WebsterIllinois Supreme Court · 1884

3Cited by3 opinions

  1. Morton v. WessingerOregon Supreme Court · 1911
  2. Town of Jamestown v. AllenCourt of Appeals of Kentucky (pre-1976) · 1940
  3. City of Sylvania v. HiltonSupreme Court of Georgia · 1905

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