City of Chicago v. Le Moyne
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of the United States for the Northern District of Illinois. The defendant in error brought action against the city of Chicago for damage to his property occasioned by the construction of a viaduct in Halsted street, immediately adjacent, to a portion of his premises.
Read the full summary
In Error to the Circuit Court of the United States for the Northern District of Illinois. The defendant in error brought action against the city of Chicago for damage to his property occasioned by the construction of a viaduct in Halsted street, immediately adjacent, to a portion of his premises. The block which contains the premises in question is bounded on the north by Thirty-Ninth street, on the east by Emerald avenue, on the south by Fortieth street, and on the west by South Halsted street. There is an alley running north and south through the center of the bloqk. The block comprises 43…
1Opinion of the CourtJenkins, Circuit Judge
(after stating the facts). The contention, that the construction of the viaduct was in the legitimate exercise of the police power of the city, and that any damage to property thereby occasioned is damnum absque injuria, notwithstanding the constitutional provision that “private .property shall not be taken or damaged for public use without just compensation,” cannot be sustained. The question is set at rest by the recent decision of the supreme court of Illinois, in City of Chicago v. Jackson (as yet unreported officially) 63 N. E. 1013, holding, with Judge Dillon, that “a right conferred or…
2Cases cited5 opinions
- Springer v. City of ChicagoIllinois Supreme Court · 1891
- Chicago & Evanston Railroad v. BlakeIllinois Supreme Court · 1886
- Metropolitan West Side Elevated Railway Co. v. StickneyIllinois Supreme Court · 1894
- City of Chicago v. SpoorIllinois Supreme Court · 1901
- Hohmann v. City of ChicagoIllinois Supreme Court · 1892
3Cited by14 opinions
- Hewitt v. United StatesCourt of Appeals for the Eighth Circuit · 1940
- Nelson Et Ux. v. State Highway BoardSupreme Court of Vermont · 1938
- Murray v. United StatesCourt of Appeals for the D.C. Circuit · 1942
- State v. VAUGHAN ET UX.Indiana Supreme Court · 1962
- Linn v. United StatesCourt of Appeals for the Second Circuit · 1918
9 more not listed; retrieve them via the Exa API.