McArdle v. Chicago City Railway Co.

In our opinion the defense which the defendant company interposes by its argument in this appeal to the allegations of the plaintiff’s declaration, was not properly raised by the demurrer to said declaration.

The defense is that the plaintiff cannot recover damages against the defendant corporation as for a nuisance for actions which in a private individual would constitute a nuisance and be actionable, because the actions complained of are performed under a legislative sanction—under indeed a grant of power from the legislature to do these very things.

We think this is a substantive defense,…