Legal Opinion

Village of Grant Park v. Trah

Illinois Supreme Court

Decided December 20, 1905PublishedCited by 7 opinions

Appeal from the Appellate Court for the Second District heard in that court on appeal from the Circuit Court of Kankakee county; the Hon. R. W. HilschER, Judge, presiding. This was an action on the case, brought in the circuit court of Kankakee county by Joseph Trah, the appellee, against the Village of Grant Park, the appellant, to recover damages occasioned to appellee’s lots by the construction of a cement sidewalk by appellant in front and along the side of said lots.

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Appeal from the Appellate Court for the Second District heard in that court on appeal from the Circuit Court of Kankakee county; the Hon. R. W. HilschER, Judge, presiding. This was an action on the case, brought in the circuit court of Kankakee county by Joseph Trah, the appellee, against the Village of Grant Park, the appellant, to recover damages occasioned to appellee’s lots by the construction of a cement sidewalk by appellant in front and along the side of said lots. The village filed the general issue. A trial before a jury resulted in a verdict for $1260 in favor of the plaintiff. A…

1Opinion of the CourtJustice Scott

Appellant first contends that the peremptory instruction offered at the close of all the evidence should have been given, because the law, as heretofore announced by this court, does not permit the plaintiff to show that his property was damaged by the construction of the sidewalk.

In this connection numerous decisions of this court are called to our attention where it has been held that the determination by a village board or city council that a sidewalk shall be constructed by special taxation is a determination that the property so specially taxed is benefited to the extent of such tax, and…

2Cases cited3 opinions

  1. White v. People ex rel. City of BloomingtonIllinois Supreme Court · 1880
  2. City of Chicago v. JacksonIllinois Supreme Court · 1902
  3. City of Bloomington v. PollockIllinois Supreme Court · 1892

3Cited by7 opinions

  1. City of St. Louis Park v. EngellSupreme Court of Minnesota · 1969
  2. Gregg v. SandersSupreme Court of Arkansas · 1921
  3. Cooper v. City of JohnstonAppellate Court of Illinois · 1912
  4. Botsford v. City of ElginAppellate Court of Illinois · 1919
  5. Chapman v. City of StauntonAppellate Court of Illinois · 1910

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