Legal Opinion

City of Pekin v. Brereton

Illinois Supreme Court

Decided January 15, 1873PublishedCited by 25 opinions

Appeal from the Circuit Court of Tazewell county; the Hon. Charles Turner, Judge, presiding. This was an action on the case, brought by James F. Brereton, and Eleanor A. Brereton, his wife, against the city of Pekin,' to recover damages done to certain lots owned and possessed by them, by reason of the grading done for and in the construction of a railroad on a public street in the city of Pekin, opposite the lots in question.

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Appeal from the Circuit Court of Tazewell county; the Hon. Charles Turner, Judge, presiding. This was an action on the case, brought by James F. Brereton, and Eleanor A. Brereton, his wife, against the city of Pekin,' to recover damages done to certain lots owned and possessed by them, by reason of the grading done for and in the construction of a railroad on a public street in the city of Pekin, opposite the lots in question. The injury complained of, was the making of deep excavations in the street and sidewalk adjoining the lots, so that the plaintiffs were obstructed, injured and deprived…

1Opinion of the CourtJustice Breese

This case comes before us on a stipulation as to the facts, and on the rulings of the circuit court on the instructions.

It is not denied, if appellants are liable at all, this action is well brought, but it is claimed by them they are not liable to any action. Their claim to immunity is placed on the ground that the control of the streets of the city is in them as a municipal corporation, placed there by their charter, and as the railroad was constructed for the public good, as is admitted by appellees, appellants are not responsible to individuals for any damages resulting to them in the…

2Cases cited2 opinions

  1. Nevins v. City of PeoriaIllinois Supreme Court · 1866
  2. Moses v. Pittsburgh, Fort Wayne & Chicago RailroadIllinois Supreme Court · 1859

3Cited by25 opinions

  1. Brown v. City of SeattleWashington Supreme Court · 1892
  2. Johnson v. City of ParkersburgWest Virginia Supreme Court · 1880
  3. Liddick v. City of Council BluffsSupreme Court of Iowa · 1942
  4. City of Elgin v. EatonIllinois Supreme Court · 1876
  5. City of Chicago v. RumseyIllinois Supreme Court · 1877

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