Lefkovitz v. City of Chicago
Illinois Supreme Court
Appeal from the Appellate Court for the First District ;■—heard in that court on appeal from the Circuit Court of Cook county; the Hon. R. S. Tuthill, Judge, presiding. This was an action on the case commenced by the appellant in the circuit court of Cook county, against the city of Chicago and others, to recover damages occasioned by the obstruction by the defendants of a public street in the city of Chicago upon which the premises of appellant abutted.
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Appeal from the Appellate Court for the First District ;■—heard in that court on appeal from the Circuit Court of Cook county; the Hon. R. S. Tuthill, Judge, presiding. This was an action on the case commenced by the appellant in the circuit court of Cook county, against the city of Chicago and others, to recover damages occasioned by the obstruction by the defendants of a public street in the city of Chicago upon which the premises of appellant abutted. The declaration contained three counts. The first count alleged, in substance, that on the 19th day of March, 1897, the plaintiff was the…
1Opinion of the CourtJustice Hand
It is not alleged in the declaration that the obstructions complained of were permanent in their character or that they were negligently constructed. Neither is the purpose for which they were constructed shown, except it is averred in one count that they were not constructed for the purpose of grading or improving said street or for any purpose connected with the construction or improvement of said street.
The law is well settled in this State that a city, or a person acting for a city, may temporarily obstruct a public street so far as it may be necessary to enable the city or its agent to…
2Cases cited1 opinion
- City of Chicago v. RumseyIllinois Supreme Court · 1877
3Cited by14 opinions
- Peck v. Chicago Railways Co.Illinois Supreme Court · 1915
- Barrientos v. Gobierno de la CapitalSupreme Court of Puerto Rico · 1969
- Chicago Flour Co. v. City of ChicagoIllinois Supreme Court · 1909
- Cassel v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1915
- Nauyoks v. StateCourt of Claims of Illinois · 1941
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