Legal Opinion

City of Quincy v. Jones

Illinois Supreme Court

Decided January 15, 1875PublishedCited by 49 opinions

Writ of Error to the Circuit Court of Adams county; the Hon. Joseph Sibley, Judge, presiding. This was an action on the case, by Laura Jones, Carrie E. Jones, Harry E. Jones and Charles F. Jones, by Owen Thorn, their guardian, against the City of Quincy.

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Writ of Error to the Circuit Court of Adams county; the Hon. Joseph Sibley, Judge, presiding. This was an action on the case, by Laura Jones, Carrie E. Jones, Harry E. Jones and Charles F. Jones, by Owen Thorn, their guardian, against the City of Quincy. The first count of the declaration alleged, in substance, that at the time of the injury complained of, one Caroline Thorn, who was formerly the widow of Jehu P. Jones, deceased, was in the possession of a dwelling house and grounds, being the south half of lot 1, in block 5, of the original town, now city of Quincy, and in which said Jehu P.…

1Opinion of the CourtJustice Scholfield

The several errors assigned upon the rulings of the court below, present, in our opinion, but two material questions:

First. Are municipal corporations, while acting within the scope of their municipal authority in making excavations in streets for the purpose of opening or improving them, liable to property owners for injuries to buildings erected on lots abutting on the streets, resulting from the removal of the lateral support of the soil in the streets?

Second. Does the owner of a city Jot, abutting on a public street, acquire a prescriptive right to have the buildings and structures on…

2Cases cited7 opinions

  1. Goszler v. Corporation of GeorgetownSupreme Court of the United States · 1821
  2. Panton v. HollandNew York Supreme Court · 1819
  3. Lasala v. HolbrookNew York Court of Chancery · 1833
  4. Story v. OdinMassachusetts Supreme Judicial Court · 1815
  5. Farrand v. MarshallNew York Supreme Court · 1855

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3Cited by49 opinions

  1. Ralston v. Town of WestonWest Virginia Supreme Court · 1899
  2. Field v. BarlingIllinois Supreme Court · 1894
  3. Hibbard, Spencer, Bartlett & Co. v. City of ChicagoIllinois Supreme Court · 1898
  4. Walker v. StrosniderWest Virginia Supreme Court · 1910
  5. Schien v. City of VirdenIllinois Supreme Court · 1955

44 more not listed; retrieve them via the Exa API.

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