northern
transp
city
chicago
argued
decided
october
error
circuit
northern
district
illinois
action
trespass
case
northern
transportation
company
ohio
chicago
recover
damages
sustained
reason
construction
city
tunnel
chicago
river
along
line
la
salle
street
company
offered
evidence
tending
prove
possessed
certain
lot
chicago
dock
wharfing
rights
privileges
owned
line
steamers
running
ogdensburgh
new
york
chicago
touching
intermediate
points
northern
transp
city
chicago
thirteen
fourteen
employed
five
arriving
departing
week
dock
said
lot
expense
constructed
warehouse
shed
used
loading
unloading
office
located
dock
extended
eighty
feet
south
side
lot
abutted
chicago
river
navigable
stream
city
commenced
building
tunnel
river
east
line
lot
intersection
river
la
salle
street
erected
front
dock
said
dam
remained
time
august
city
commenced
excavating
la
salle
street
excavated
distance
blocking
doors
warehouse
street
leaving
free
entrance
water
street
reason
construction
said
dam
plaintiff
unable
bring
boats
dock
land
freight
passengers
thereat
compelled
rent
remove
docks
sheds
negligent
improper
manner
work
especially
excavating
done
greatly
damaged
injured
warehouse
caused
walls
crack
settle
several
places
fall
city
offered
testimony
tending
prove
work
without
unnecessary
delay
well
carefully
done
constructed
required
construction
tunnel
company
time
access
boats
portion
lot
obstructions
complained
unavoidable
proper
construction
tunnel
following
portions
charge
jury
plaintiff
excepted
defendant
right
law
enter
upon
la
salle
street
make
public
improvements
judgment
city
authorities
necessary
construct
tunnel
question
purpose
enter
upon
portion
river
front
plaintiff
lot
construct
necessary
enable
construct
tunnel
plaintiff
took
lot
subject
right
city
make
necessary
public
improvements
streets
method
crossing
river
point
whether
ferry
bridge
tunnel
one
determined
city
authorities
determined
effect
crossing
tunnel
right
use
occupy
much
street
necessary
construct
tunnel
using
due
skill
care
despatch
always
unnecessarily
interfere
private
property
plaintiff
may
time
deprived
beneficial
use
property
entry
upon
street
access
property
street
practically
prevented
occupation
street
purposes
constructing
tunnel
although
access
lot
river
may
partially
prevented
time
yet
incidental
inconveniences
plaintiff
owner
lot
must
submit
order
public
may
accommodated
construction
tunnel
city
right
enter
upon
river
purpose
erecting
works
facilitate
construction
tunnel
enter
upon
street
construct
tunnel
always
however
subject
condition
unnecessarily
negligently
injure
plaintiff
left
however
question
considered
light
evidence
whether
work
la
salle
street
unskilfully
negligently
done
cause
part
walls
fall
building
impaired
heard
testimony
bearing
upon
question
shows
southeast
corner
warehouse
office
vault
situated
became
impaired
cracking
leaning
wall
outwardly
deemed
necessary
take
taken
rebuilt
although
apparent
settling
ground
immediate
vicinity
caving
yet
wall
seemed
fall
cause
point
claim
fell
construction
tunnel
displacement
surface
perhaps
apparent
eye
also
bear
mind
evidence
shows
along
near
north
end
plaintiff
building
caving
bank
earth
near
perhaps
immediately
wall
extent
displaced
wall
fell
subsequently
rebuilt
building
repaired
extent
heard
testimony
regard
extent
repairs
manner
building
left
say
whether
building
substantially
restored
original
condition
repairs
made
plaintiff
removal
obstructions
access
property
enter
enjoyment
property
fully
satisfied
building
far
repaired
make
useful
plaintiff
purposes
injuries
occurred
plaintiff
entitled
recover
damages
make
useful
purposes
plaintiff
asked
instruct
jury
even
city
entitled
lay
along
across
river
right
lay
front
company
lot
dock
damages
may
suffered
front
dock
entitled
recover
action
refused
presiding
judge
stating
refuse
instruction
always
assuming
proof
shows
necessity
look
upon
river
street
city
right
go
river
construct
order
complete
work
go
street
put
track
work
necessary
order
carry
improvements
plaintiff
duly
excepted
motion
defendant
charged
jury
satisfied
evidence
sinking
rather
cracking
wall
due
weight
walls
upon
selvage
portion
earth
left
removal
material
taken
street
pit
defendant
liable
satisfied
wall
stood
upon
plaintiff
lot
place
change
level
ground
change
level
caused
deflection
wall
caused
weight
wall
resting
upon
earth
excavation
made
defendant
liable
principle
precisely
like
two
adjacent
owners
one
man
building
building
sinking
foundation
four
feet
ground
adjoining
owner
may
think
necessary
set
six
ten
feet
ground
excavates
purpose
first
wall
built
reason
weight
causes
earth
crush
cave
away
excavation
made
upon
adjoining
lot
owner
adjoining
lot
making
deeper
excavation
liable
man
words
must
look
foundation
plaintiff
excepted
verdict
defendant
judgment
rendered
thereon
company
sued
writ
error
spalding
plaintiff
error
joseph
bonfield
contra
justice
strong
delivered
opinion
opinion
error
shown
record
though
assignments
numerous
action
case
recover
damages
injuries
alleged
sustained
plaintiffs
consequence
action
city
authorities
constructing
tunnel
passageway
along
line
la
salle
street
chicago
river
crosses
street
plaintiffs
lessees
lot
bounded
east
street
south
river
principal
injury
complain
operations
city
deprived
access
premises
side
river
street
prosecution
work
claimed
obstruction
permanent
one
continued
longer
time
necessary
complete
improvement
contended
unreasonable
delay
pushing
work
completion
constructed
river
extending
thirty
feet
front
plaintiff
lot
necessary
indeed
indispensable
construction
tunnel
case
argued
assumption
erection
necessary
excavations
street
constituted
public
nuisance
causing
special
damage
plaintiffs
beyond
incident
public
large
hence
inferred
city
responsible
injurious
consequences
resulting
therefrom
answer
assumption
unwarranted
nuisance
give
right
action
law
authorizes
refer
action
common
law
legislature
may
often
authorize
even
direct
acts
done
harmful
individuals
without
authority
nuisances
case
statute
legislature
power
pass
acts
lawful
nuisances
unless
power
exceeded
grants
power
right
compensation
consequential
injuries
caused
authorized
erections
may
given
suffer
right
creature
statute
existence
without
suffering
party
entitled
repeated
actions
abatement
erections
enforced
perhaps
might
restrain
injunction
tunnel
plaintiffs
complain
rather
construction
authorized
act
legislature
state
directed
ordinance
city
councils
understand
denied
certainly
state
city
councils
agents
full
power
highways
city
improve
uses
made
highways
construction
tunnel
exercise
power
since
la
salle
street
extended
across
river
city
power
duty
provide
convenience
passage
either
erection
bridge
construction
tunnel
river
along
line
street
grant
power
legislature
build
bridge
construct
tunnel
carried
course
necessary
exercise
power
understand
controverted
plaintiffs
error
argument
though
city
legal
right
construct
tunnel
necessary
construction
subject
condition
work
unnecessary
interference
private
property
yet
liable
make
compensation
consequential
damages
caused
persons
specially
injured
assent
immaterial
whether
fee
street
state
city
adjoining
latter
state
easement
repair
improve
street
entire
length
breadth
adapt
easy
safe
passage
undeniable
making
improvement
plaintiffs
complain
city
agent
state
performing
public
duty
imposed
upon
legislature
persons
appointed
authorized
law
make
improve
highway
answerable
consequential
damages
act
within
jurisdiction
care
skill
doctrine
almost
universally
accepted
alike
england
country
asserted
unqualifiedly
governor
company
british
manufacturers
meredith
durnf
sutton
clarke
taun
boulton
crowther
barn
cres
asserted
green
borough
reading
watts
pittsburg
callendar
marsh
pick
mass
well
courts
numerous
asserted
smith
corporation
washington
held
illinois
decisions
ohio
far
know
solitary
exceptions
doctrine
however
may
times
appear
variance
natural
justice
rests
upon
soundest
legal
reason
state
holds
highways
trust
public
improvements
made
direction
authority
acts
ultimate
responsibility
course
rest
upon
prerogative
state
exempt
coercion
suit
except
consent
prerogative
amount
nothing
protect
agents
improving
highways
state
compelled
employ
remedy
therefore
consequential
injury
resulting
state
action
agents
must
legislature
shall
give
exist
common
law
decisions
referred
made
view
magna
charta
restriction
found
constitution
every
state
private
property
shall
taken
public
use
without
compensation
made
acts
done
proper
exercise
governmental
powers
directly
encroaching
upon
private
property
though
consequences
may
impair
use
universally
held
taking
within
meaning
constitutional
provision
entitle
owner
property
compensation
state
agents
give
right
action
supported
immense
weight
authority
curious
see
decisions
find
collected
cooley
constitutional
limitations
page
notes
extremest
qualification
doctrine
found
perhaps
pumpelly
green
bay
company
wall
eaton
boston
concord
montreal
railroad
cases
held
permanent
flooding
private
property
may
regarded
cases
physical
invasion
real
estate
private
owner
practical
ouster
possession
present
case
invasion
entry
made
upon
plaintiffs
lot
done
render
time
use
inconvenient
present
constitution
illinois
took
effect
august
work
constructing
tunnel
substantially
completed
ordains
private
property
shall
damaged
public
use
without
compensation
extension
common
provision
protection
private
property
application
case
decided
state
chicago
rumsey
recently
decided
reported
chicago
legal
news
vol
case
also
decides
city
liable
consequential
damages
resulting
improvement
made
street
fee
city
provided
improvement
sanction
legislature
also
decides
la
salle
street
street
declares
recovery
damages
adjacent
denied
settled
law
state
adoption
present
constitution
appear
therefore
little
left
case
controversy
insisted
however
plaintiffs
may
recover
obstruction
access
lot
caused
river
admitted
dam
necessary
enable
city
construct
tunnel
river
complained
unskilfully
built
kept
stream
longer
necessities
work
required
contended
neither
state
city
right
obstruct
passage
river
yet
river
highway
state
highway
well
national
long
held
navigable
rivers
wholly
within
state
outside
state
jurisdiction
long
congress
interfere
abridgment
rights
accustomed
use
unless
comes
conflict
constitution
law
affair
government
state
citizens
take
cognizance
wilson
black
bird
creek
marsh
pet
numerous
instances
authorized
obstructions
navigable
streams
authorized
erection
bridges
piers
less
impediments
navigation
case
temporary
obstruction
physical
encroachment
upon
plaintiffs
property
maintained
long
needed
public
improvement
tunnel
constructed
without
doubt
lawfully
placed
thus
city
responsible
damages
erected
maintained
discharging
duty
imposed
legislature
obstruction
permanent
unreasonably
prolonged
examined
decisions
courts
illinois
others
referred
plaintiffs
error
none
decided
riparian
owner
navigable
stream
adjoiner
public
highway
maintain
suit
common
law
public
agents
recover
consequential
damages
resulting
obstructing
stream
highway
pursuance
legislative
authority
unless
authority
transcended
unless
wanton
injury
inflicted
carelessness
negligence
want
skill
causing
obstruction
many
decisions
relied
upon
cases
appeared
acts
complained
wrought
injurious
consequences
done
private
individuals
benefit
without
sufficient
legislative
authority
distinction
cases
kind
present
obvious
well
stated
gibbs
sutton
clarke
supra
seen
decided
ground
defendant
acting
authority
act
parliament
deriving
advantage
personally
acting
best
skill
within
scope
authority
liable
consequential
damages
case
said
chief
justice
totally
unlike
individual
benefit
makes
improvement
land
according
best
skill
diligence
foreseeing
produce
injury
neighbor
thereby
though
unwittingly
injure
neighbor
liable
resemblance
fails
important
point
act
done
public
purpose
private
emolument
defendant
volunteer
executes
duty
imposed
upon
legislature
bound
execute
observations
made
cover
whole
case
made
plaintiffs
error
except
point
presented
sixteenth
assignment
mentioned
argument
overlook
evidence
trial
progress
necessary
excavation
la
salle
street
portion
walls
plaintiffs
buildings
lot
cracked
sunk
caused
caving
excavation
street
timbers
used
bracing
sides
given
way
reference
testimony
instructed
jury
satisfied
evidence
sinking
wall
rather
cracking
wall
due
weight
wall
upon
selvage
portion
earth
left
removal
material
taken
street
pit
defendants
liable
satisfied
wall
stood
upon
plaintiffs
lot
change
level
ground
change
level
caused
deflection
wall
due
weight
wall
resting
upon
earth
excavation
made
defendant
liable
think
instruction
entirely
right
general
rule
may
admitted
every
right
land
preserved
unbroken
adjoining
owner
excavating
land
subject
restriction
must
remove
earth
near
land
neighbor
neighbor
soil
crumble
away
weight
fall
upon
land
right
lateral
support
extends
soil
natural
condition
protect
whatever
placed
upon
soil
increasing
downward
lateral
pressure
put
power
erecting
heavy
buildings
lot
greatly
abridge
right
neighbor
use
lot
make
rights
prior
occupant
greatly
superior
latter
wyatt
harrison
barn
adol
lasala
holbrook
paige
washburn
easements
sect
judgment
affirmed