City of East St. Louis v. O'Flynn
Appellate Court of Illinois
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
- Rigney v. City of ChicagoIllinois Supreme Court · 1881
- Chicago & Western Indiana Railroad v. AyresIllinois Supreme Court · 1883
- Culbertson & Blair Packing & Provision Co. v. City of ChicagoIllinois Supreme Court · 1884
- City of Chicago v. JohnsonIllinois Supreme Court · 1869
- City of Chicago v. BrophyIllinois Supreme Court · 1875
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Poppers v. WagnerAppellate Court of Illinois · 1889
- Town of Lake v. BokAppellate Court of Illinois · 1889