Legal Opinion

City of East St. Louis v. O'Flynn

Appellate Court of Illinois

Decided June 12, 1886PublishedCited by 2 opinions

Appeal from the City Court of East St. Louis; the Hon. Wm. P. Launtz, Judge, presiding.

1Opinion of the Court

Fills'subt, F. J.

The term “ private property ” in our present constitution, that is forbidden to be taken or damaged for public use without just compensation, is not limited to the tangible subject-matter or corpus of the property, but includes the right of user and enjoyment of it; and where the impairment or destruction of such right damages the owner of the property in excess of that sustained by the general public, by the construction and use of a public improvement, the law gives him an action for such injury. Rigney v. Chicago, 102 Ill. 64.

The earlier cases, which seemed to hold that it…

2Cases cited7 opinions

  1. Rigney v. City of ChicagoIllinois Supreme Court · 1881
  2. Chicago & Western Indiana Railroad v. AyresIllinois Supreme Court · 1883
  3. Culbertson & Blair Packing & Provision Co. v. City of ChicagoIllinois Supreme Court · 1884
  4. City of Chicago v. JohnsonIllinois Supreme Court · 1869
  5. City of Chicago v. BrophyIllinois Supreme Court · 1875

2 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Poppers v. WagnerAppellate Court of Illinois · 1889
  2. Town of Lake v. BokAppellate Court of Illinois · 1889

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API