Stephani v. Brown
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. E. S. Williams, Judge, presiding. This was an action on the case brought in the court below by Adelia M. Brown, against John Stephani and Jacob Stephani, to recover for injuries alleged to have been received by the plaintiff by falling through a defective grating placed in the sidewalk by the defendants, adjacent to their premises in the city of Chicago.
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Appeal from the Circuit Court of Cook county; the Hon. E. S. Williams, Judge, presiding. This was an action on the case brought in the court below by Adelia M. Brown, against John Stephani and Jacob Stephani, to recover for injuries alleged to have been received by the plaintiff by falling through a defective grating placed in the sidewalk by the defendants, adjacent to their premises in the city of Chicago. It appears that the defendants, without authority from the city, raised the sidewalk several feet above the surface of the street, and excavated under it, and placed in the sidewalk a…
1Opinion of the CourtJustice Breese
Several points have been made by appellants on this record, and numerous authorities cited, all of which we have examined, and have carefully looked into, and considered all the testimony in the cause, and have come to the conclusion, that the controversy turns upon the unauthorized act of the defendants in raising the sidewalk (so that they might obtain space below it for the use of their premises).
By the charter of the city of Chicago, the streets of the city are under the exclusive control of its municipal authorities, and they are the property of the city, that is to say, the fee thereof…
2Cases cited6 opinions
- Fish v. DodgeNew York Supreme Court · 1847
- Creed v. . HartmannNew York Court of Appeals · 1864
- Scammon v. City of ChicagoIllinois Supreme Court · 1861
- Waggoner v. JermaineNew York Supreme Court · 1846
- Barry v. City of St. LouisSupreme Court of Missouri · 1852
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3Cited by15 opinions
- Gridley v. City of BloomingtonIllinois Supreme Court · 1873
- Chicago & Alton Railroad v. Springfield & Northwestern RailroadIllinois Supreme Court · 1873
- Tomle v. HamptonIllinois Supreme Court · 1889
- Farmer v. Alton Building & Loan Ass'nAppellate Court of Illinois · 1938
- Bailey v. KellySupreme Court of Kansas · 1912
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