City of Chicago v. Wildman

Decision Date03 June 1909
Citation240 Ill. 215,88 N.E. 559
PartiesCITY OF CHICAGO v. WILDMAN et al.
CourtIllinois Supreme Court

OPINION TEXT STARTS HERE

Appeal from Cook County Court; John E. Hillskotter, Judge.

Action by the City of Chicago against A. N. Wildman and another. From a judgment for plaintiff, defendants appeal. Reversed and remanded.Louis E. Hart, for appellants.

George A. Mason and William T. Hopeman (Edward J. Brundage, Corp. Counsel, of counsel), for appellee.

CARTER, J.

This is an appeal from a judgment of the county court of Cook county confirming an assessment levied for paving, with vitrified brick, alleys between Thirty-Fifth and Thirty-Seventh streets on the north and south and Forest and Calumet avenues on the east and west, in the city of Chicago.

Appellants' assessment was $954.66. In their objections they stated that eight feet of the proposed pavement was to be laid upon a part of their property, and that said eight feet had not been acquired by and was not in the possession of appellee, nor had any proceedings to acquire such land been begun and proceeded to judgment. On the hearing of these legal objections appellants offered proof conclusively showing that there was no deed or plat of record dedicating said eight feet for use as an alley, and they also offered proof that said eight feet had not been dedicated at common law, and the public had not acquired a right thereto by prescription. Appellee offered no proof on these points. The trial court overruled the legal objections, and an exception to this ruling was properly preserved. It is apparent from the record that this ruling was made on the ground that the proof offered as to the absence of a dedication of said eight feet for an alley was not sufficient to overcome the proof offered by the appellee in making its prima facie case. We think the court erred in this ruling. To establish a common-law dedication it is essential that the proof be clear and unequivocal as to the intention of the proprietor to dedicate to public use (Stacy v. Glen Ellyn Hotel Co., 223 Ill. 546, 79 N. E. 133,8 L. R. A. [N. S.] 966;Town of Bethel v. Pruett, 215 Ill. 162, 74 N. E. 111), and in order to establish a public highway by prescription the use by the publicmust have been adverse, under claim of right, continuous, uninterrupted, and with the knowledge of the owner of the estate. Occasional travel, such as is shown by the record here, is not sufficient. City of Chicago v. Galt, 224 Ill. 421,...

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4 cases
  • Buck v. Alton Memorial Hospital, 79-116
    • United States
    • United States Appellate Court of Illinois
    • July 9, 1980
    ...be raised for the first time in a court of review where it could have been raised in the trial court. (City of Chicago v. Wildman (1909), 240 Ill. 215, 88 N.E. 559; Consumers Petroleum Co. v. Flagler (1st Dist. 1941), 310 Ill.App. 241, 33 N.E.2d 751.) Had this contention been raised in the ......
  • Wilkinson v. Aetna Life Ins. Co.
    • United States
    • Supreme Court of Illinois
    • June 3, 1909
    ...as to the law. It is also insisted that the court erred in admitting proof of the habits and temperament of Wilkinson as bearing [240 Ill. 215]upon his mental condition at the time of the accident. This kind of testimony is competent in this class of cases (Laessig v. Travelers' Protective ......
  • Wilde v. State
    • United States
    • United States State Supreme Court of Wyoming
    • April 25, 1912
    ...... (Ill.) 66 N.E. 1072; R. Co. v. Wood, (Ind.) 14. N.E. 572; In re Atwood, 38 N.Y.S. 338; Chicago. v. Wildman, (Ill.) 88 N.E. 559; Donaldson v. State,. (Ind.) 78 N.E. 182; Earl Fruit Co. v. ......
  • Suchomel v. Maxwell
    • United States
    • Supreme Court of Illinois
    • June 3, 1909
    ...evidence.SCOTT, J. (after stating the facts as above). There is evidence in this record which tends to prove (1) that it was dangerous [88 N.E. 559]for appellee to work at the saw in question during the time he operated it, on account of it throwing slivers and splinters of wood in his face......

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