Allen v. City of Decatur
Illinois Supreme Court
This was an action of trespass brought to Macon Circuit Court, against the City of Decatur. The declaration alleges a trespass by defendant upon plaintiff’s close, to wit: lots one, five, north half of six, and other lots by number, in David L. Allen’s addition of out-lots to Decatur, etc. Plea, not guilty. Trial by jury; verdict for defendant. Motion for new trial overruled, and exception by plaintiff. J. B. E. Sherrick surveyed and plotted Allen’s addition.
Read the full summary
This was an action of trespass brought to Macon Circuit Court, against the City of Decatur. The declaration alleges a trespass by defendant upon plaintiff’s close, to wit: lots one, five, north half of six, and other lots by number, in David L. Allen’s addition of out-lots to Decatur, etc. Plea, not guilty. Trial by jury; verdict for defendant. Motion for new trial overruled, and exception by plaintiff. J. B. E. Sherrick surveyed and plotted Allen’s addition. Plaintiff was present and giving directions as to survey. The ground is unenclosed, covered with growth and small timber. Lots of value…
1Opinion of the CourtCaton, C. J.
We shall, in this opinion, devote our attention to the principal question which has been argued in the case, which is, whether a municipal corporation can be sued in an action of trespass, for acts done in obedience to an order of the corporation. The law is now so well settled, that it is nowhere controverted that such corporations may be sued, in case, for tortious acts done under the instructions of such corporations. Where a corporation opens a street or a sewer, in such way as to injure my property, it becomes a tort feasor, and as such, shall respond to me in damages. But it is denied…
2Cited by15 opinions
- Slatin's Properties, Inc. v. HasslerIllinois Supreme Court · 1972
- Sheldon v. Village of KalamazooMichigan Supreme Court · 1872
- White v. HarrisIllinois Supreme Court · 1903
- City of Chicago v. TurnerIllinois Supreme Court · 1875
- People v. City of ChicagoIllinois Supreme Court · 1912
10 more not listed; retrieve them via the Exa API.