Central Illinois Public Service Co. v. Davis

Defendant, L. E. Davis, d/b/a Holiday Inn of Benton, appeals from the judgment of the Circuit Court of Franklin County awarding the plaintiff, Central Illinois Public Service Company (C.I.P.S.), $999.99 damages for expenses incurred in the relocation of its gas line from the defendant’s construction site to a public street. Prior to its relocation, the gas line lay beneath an alley that had been vacated by the village of West City in 1965.

The parties have briefed and argued the issue of whether the defendant’s construction of a building over the gas main impermissibly interfered with…