Metropolitan West Side Elevated Railroad v. Springer
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. Frank Baker, Judge, presiding. This was a proceeding in the circuit court of Cook county, brought by the Metropolitan West Side Elevated Railroad Company, against Warren Springer, to condemn certain premises to be used in the construction and operation of its road in the city of Chicago.
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Appeal from the Circuit Court of Cook county; the Hon. Frank Baker, Judge, presiding. This was a proceeding in the circuit court of Cook county, brought by the Metropolitan West Side Elevated Railroad Company, against Warren Springer, to condemn certain premises to be used in the construction and operation of its road in the city of Chicago. The defendant, Springer, filed a cross-petition to recover damages sustained to adjacent premises not taken but damaged, and on a trial before the court without a jury he recovered a judgment for the property taken and damaged, §61,000. To reverse this…
1Opinion of the CourtChief Justice Phillips
The contention of appellant is that only one foot on the south side of the alley was actually taken, whilst the contention of appellee is that the projecting superstructure was, to the extent it so projected, an actual invasion of property rights and a taking- in law and fact.- This alley was 15 feet wide, and was all on the north side of lots 9 and 10. By the deed from Springer to Hurlbut lots 9 and 10 were conveyed, except the north 7£ feet. Under the covenant contained in the deed the grantor retained valuable rights in the alley. He retained the perpetual right to use it for the purpose…
2Cases cited2 opinions
- Metropolitan West Side Elevated Railway Co. v. StickneyIllinois Supreme Court · 1894
- Green v. City of ChicagoIllinois Supreme Court · 1881
3Cited by3 opinions
- Metropolitan West Side Elevated R. R. v. GollAppellate Court of Illinois · 1902
- Drainage Commissioners v. KnoxIllinois Supreme Court · 1908
- City of Chicago v. LordIllinois Supreme Court · 1917