Chicago, M. & St. P. Ry. Co. v. City of Chicago
Appellate Court of Illinois
Assumpsit, on a contract of indemnity. Trial in the Superior Court of Cook County; the Hon. John Barton Payne, Judge, presiding. Finding and judgment for plaintiff; appeal by defendants.
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Assumpsit, on a contract of indemnity. Trial in the Superior Court of Cook County; the Hon. John Barton Payne, Judge, presiding. Finding and judgment for plaintiff; appeal by defendants. Statement of Facts.—The city of Chicago sued the appellants jointly, in assumpsit, to recover the amount paid by it in satisfaction of a judgment rendered in favor of a property owner and against the city, for land damages sustained by the land owner by reason of the construction of the south approach to Western avenue viaduct. The viaduct, having both approaches in Western avenue, extended over Kinzie…
1Opinion of the CourtJustice Shepard
The case was tried before the court without a jury, and from a finding and judgment for $2,175.50 against the appellants and in favor of the city, this appeal is prosecuted.
There is no material dispute about the facts.
The main contention is that there is no joint liability by the appellants, and that the action against them jointly was improper.
Prior to the making of the contract of 1888, each appellant company was, severally, expressly bound by the conditions of the ordinance under which it was operating its tracks in and upon Kinzie street and across Western avenue, to build the viaduct in…
2Cases cited1 opinion
- Chicago, Burlington & Quincy Railroad v. City of ChicagoIllinois Supreme Court · 1890