Smith v. City of Chicago
Illinois Supreme Court
Appeal from the County Court of Cook county; the Hon. Richard Yates, Judge, presiding. This is an appeal from a judgment of the county court of Cook county confirming a special assessment for the erection of lamp-posts on Ogden avenue, from Madison street to West Twelfth street, in the city of Chicago.
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Appeal from the County Court of Cook county; the Hon. Richard Yates, Judge, presiding. This is an appeal from a judgment of the county court of Cook county confirming a special assessment for the erection of lamp-posts on Ogden avenue, from Madison street to West Twelfth street, in the city of Chicago. The improvement is attempted to be made by special assessment against the property benefited thereby, and upon a trial of that question in the court below it was found that the property assessed was benefited to the extent of the assessment. The ordinance purporting to authorize the improvement…
1Opinion of the CourtJustice Wilkin
Among the assignments of error it is insisted by appellant that the ordinance does not authorize the assessment as made. As will be seen, the public improvement designated by the ordinance is “lamp-posts,” and nothing else. The section of the ordinance which purports to describe the “lamp-posts” describes the power of the lights to be used, the conduits for laying underground cables, and the cables, switches and lamps to be attached to and connected with the posts in order to make complete facilities for lighting the street; and the attempt is made, by special assessment, to pay for not only…
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