Murphy v. City of Chicago
Illinois Supreme Court
This is a special action on the case against the city of Chicago for an alleged breach of duty arising, as appellant claims, out of contract between the parties, the subversion by defendant of plaintiff’s easement, in West Water street, Chicago, and special damage to her property abutting upon said street.
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This is a special action on the case against the city of Chicago for an alleged breach of duty arising, as appellant claims, out of contract between the parties, the subversion by defendant of plaintiff’s easement, in West Water street, Chicago, and special damage to her property abutting upon said street. The case made by the declaration to which the Superior Court sustained a demurrer, is this: Randolph and Lake streets are parallel east and west streets of said city, crossing the south branch of Chicago river, and important thoroughfares. Block twenty-nine lies between them, immediately…
1Opinion of the CourtCaton, C. J.
After all, the whole of this case is resolved into this simple inquiry, whether the Common Council has exceeded its legitimate authority, in allowing the railroad track to be laid in Water street, and in raising the grade of Randolph street so as to pass over Water street. If it has not, the law is too well settled to admit of dispute at this day, that the city is not liable for damages resulting from the exercise of such lawful authority.
We have no doubt that the habendum clause of the deed, by which the plaintiff conveyed a portion of Water street to the city, for the purposes of a street,…
2Cited by27 opinions
- Chicago, Rock Island & Pacific Railroad v. City of JolietIllinois Supreme Court · 1875
- Grand Rapids & Indiana R. R. v. HeiselMichigan Supreme Court · 1878
- Doane v. Lake Street Elevated RailroadIllinois Supreme Court · 1896
- Brand v. Multnomah CountyOregon Supreme Court · 1900
- City Council of Montgomery v. MaddoxSupreme Court of Alabama · 1889
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