Osburn v. City of Chicago
Appellate Court of Illinois
Trespass on the Case.—Damages caused by the elevation of railroad tracks. Appeal from the Superior Court of Cook County; the Hon. Farlin Q. Ball, Judge presiding. Heard in the Branch Appellate Court at the October term, 1901.
1Opinion of the CourtJustice Freeman
delivered the opinion of the court.. Appellant’s counsel relies for the recovery sought, upon the constitutional provision, that private property shall not be taken or damaged for public use, without just compensation. It is to be borne in mind that the damage which it is alleged appellant has suffered is charged in his declaration to have been caused solely by the elevation of the tracks of the railroad company on its own right of way. There is here no claim for damages by reason of closing or changing the grade of existing streets or occupying them with railroad tracks. Eo direct physical…
2Cases cited5 opinions
- City of Chicago v. JacksonIllinois Supreme Court · 1902
- City of Chicago v. SpoorIllinois Supreme Court · 1901
- Kotz v. Illinois Central RailroadIllinois Supreme Court · 1900
- Metropolitan West Side Elevated R. R. v. GollAppellate Court of Illinois · 1902
- Chicago & Western Indiana Railroad v. CogswellAppellate Court of Illinois · 1892