Reports of Cases at Law and in Chancery Argued and Determined in the Supreme Court of Illinois Volume 190 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1901 edition. Excerpt: ... questions involved. That opinion is, in part, as follows: "It is claimed for appellant that the court, at the close of all the evidence, should have directed a verdict for it, because there was no valid authority shown for the construction of the viaduct in question, and, therefore, that the city was not liable in damages by reason of its construction. "There was offered in evidence a copy of the resolution of the city council, dated January 6, 1896, and passed on that day, which, after reciting the previous orders of the council and certain matters showing the necessity for the viaduct by reason of the crossing at grade of the railroad tracks of the Union Stock Yards and Transit Company and the introduction of electric cars by the Chicago City Railway Company on Halsted street, by which the mayor and commissioner of public works are directed to cause plans to be forthwith prepared for the viaduct _ _ _-am in question, and to let the necessary contracts for the construction of the same, upon obtaining from said two companies, or either of them, an agreement to provide all moneys required to meet such contract. It was stipulated on the hearing between counsel that the construction of the viaduct under said order was commenced about the middle of February, 1896, and was completed about the end of September, 1896. This order of the common council and a stipulation that the viaduct was constructed under the order is sufficient, in our opinion, to fix the liability of the city of Chicago for any damages to appellees' property resulting therefrom, and it is immaterial, as contended for appellant, that it was not shown that any ordinance was passed by the common council for the construction of the viaduct, nor that the viaduct...