Conkling v. the City of Springfield.

• Decision Date: 31 January 1866
• Parties: JAMES C. CONKLINGv.THE CITY OF SPRINGFIELD.
• Court: Illinois Supreme Court

39 Ill. 98

1866 WL 4366 (Ill.)

JAMES C. CONKLING

v.THE CITY OF SPRINGFIELD.

Supreme Court of Illinois.

January Term, 1866.

APPEAL from the Circuit Court of Sangamon county; the Hon. EDWARD Y. RICE, Judge, presiding.

This was a suit in chancery instituted in the court below, by James C. Conkling, to enjoin the opening of a street in the city of Springfield. An injunction was awarded, which, on the final hearing, was dissolved, and the bill dismissed. Thereupon the complainant took this appeal. The grounds of objection to the decree of the court below are fully set forth in the opinion of the court.

Messrs. HAY & CULLOM, for the appellant.

Mr. WM. H. HERNDON, for the appellee.

Mr. CHIEF JUSTICE WALKER delivered the opinion of the Court:

This was a bill filed to enjoin the opening of a street in Springfield; and the whole controversy turns upon the true construction of the proposition made by appellant, to give the ground to the city for a street, on certain conditions. The proposition was in writing, and is this:

“ To the Council of the city of Springfield:

GENTLEMEN: I propose to donate the ground for a street by the extension of Lewis street from Washington street to Jefferson street, in the city of Springfield, upon the following conditions: That the city of Springfield will proceed immediately to open said street, by establishing the grade from Washington to Jefferson streets, and cutting down the street to said grade, from the corner north of the north-east corner of Hutchinson's cemetery, and removing all the dirt forty-two feet on each side of the center of said street, and depositing the dirt on the low ground on the land of James C. Conkling, on each side of the sewer. That the city will commence cutting down the street on Thursday, December 10, 1863, and complete the undertaking immediately if the weather continues favorable. That if the city leave the job unfinished, so that said James C. Conkling shall be obliged to finish it or inclose his grounds again, the city will pay all damages for removing and resetting fences and any other damage that may result from not opening said street. If the city shall leave the job unfinished, provided the weather is favorable for completing the undertaking, then there shall be no dedication of said street by said Conkling but he may reset his fences as before.” The city accepted the proposition and proceeded with the work after establishing the grade, and, in removing the earth, used it to fill the street up to...