Opinion
Gen. No. 42,982. (Abstract of Decision.)
Opinion filed February 14, 1945 Rehearing denied March 5, 1945 Released for publication March 5, 1945
HIGHWAYS AND STREETS, § 176 — action for property damage arising from bridge improvement. In action against city for property damage, resulting from superstructure of bridge passing plaintiffs' property 12 feet above normal grade, thus interfering with plaintiffs' right to egress and ingress, rendering its property inaccessible, excavation having weakened lateral support for plaintiffs' property which was located, before improvement, in warehousing district, held that judgment should go for defendant, since while superstructure and stairway darkened sidewalks, jury may have believed that whatever damage was suffered in this respect was neutralized by benefits from covering superstructure afforded sidewalks, since modern warehousing loading facilities are recessed, plaintiffs' damages were not special for they were same as rest of public, and bridge did not detract from value of property.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook county; the Hon. WALTER R. O'MALLEY, Judge, presiding.
Judgment affirmed. Heard in the third division, first district, this court at the December term, 1943.
Urion, Bishop Sladkey, for appellants;
Howard F. Bishop and George P. Novak, of counsel.
Barnet Hodes, Corporation Counsel, for appellee;
J. Herzl Segal and L. Louis Karton, Assistant Corporation Counsel, of counsel.
Not to be published in full. Opinion filed February 14, 1945; rehearing denied March 5, 1945; released for publication March 5, 1945.