Goodrich v. City of Chicago
Illinois Supreme Court
The demurrer in this case was decided at the April term, 1858. This was an action on the case for damages sustained by the plaintiffs, by reason of an alleged obstruction of the Chicago river. The plaintiffs in their declaration allege, that the city by its charter was bound to remove all obstructions from the river, and that it had entered upon its duty by the passage of ordinances and levying taxes for that purpose.
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The demurrer in this case was decided at the April term, 1858. This was an action on the case for damages sustained by the plaintiffs, by reason of an alleged obstruction of the Chicago river. The plaintiffs in their declaration allege, that the city by its charter was bound to remove all obstructions from the river, and that it had entered upon its duty by the passage of ordinances and levying taxes for that purpose. That the plaintiffs were the owners of a steamboat plying to and from Chicago ; and that the defendant suffered the wreck of a vessel to remain in the river at the mouth of the…
1Opinion of the CourtCaton, C. J.
By the city charter of Chicago, authority is conferred upon the city to remove obstructions from, and to widen, deepen and straighten the harbor of Chicago ; and that harbor is declared to embrace the Chicago river and. its branches to their sources, and to extend one mile into the lake. This action is brought for neglecting to exercise the authority here conferred, to remove the hulk of a sunken vessel, near the mouth of the harbor, by reason whereof the plaintiffs had sustained damage. To maintain this action we must hold, that the city is bound to exercise all the authority here conferred,…
2Cited by13 opinions
- Rivers v. City CouncilSupreme Court of Georgia · 1880
- Collins v. Mayor of MaconSupreme Court of Georgia · 1882
- Kelley v. City of MilwaukeeWisconsin Supreme Court · 1864
- City of North Muskegon v. ClarkCourt of Appeals for the Sixth Circuit · 1894
- Harmon v. City of ChicagoIllinois Supreme Court · 1892
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