Rock Island daily Argus. (Rock Island, Ill.) 1886-1893, 1888-11-10
THE VIADUCT.

Rehearsal Of Decision that is Very
Apropos OF the Present Projects
Contemplated by the Improvement
Association.
Apropos of the present and highly |
commendable endeavors of the Rock Isl
and Citizens Improvement association to
secure a viaduct at the railroad crossing |
at the Twenty-fourth street approach to
the government island, the republication |
of the following, which has already been |
inserted in the ARGUS and shows how far |
the city may go if necessary. will not be
amiss:
Proceedings have been commenced in |
Chicago against the Milwaukee & ST. |
Paul road to compel it to pay the cost, |
including damages, of the northern ap> |
proach of what is known as the Ashland |
avenue viaduct. These proceedings will |
be watched with much interest by the peo-
Pile of Rock Island. inasmuch as decision
of the supreme court of Connecticut bear
ing upon the subject of construction of via.
ducts over railroad tracks and the liabil |
ity of the railroad corporations to pay for
the construction, including the approaches
and all damages caused by such construc
ton to adjacent property. has been dis
covered by Judge Green, corporation
counsel of Chicago. The Chicago Tri-
buRe says "the decision sustains the
| judges views exactly. 1t is the case of
Caroline NJ. Burnett VS.. the city of New
Haven and the New Haven & Northamp-
ton railroad company, reported in the
| 42d Connecticut. The railroad had laid
tracks crossing a highway In the outer
part of New Haven in 1S4S In 1870 the
city had so much extended, and travel
over the highway had so increased that
the city council ordered the railroad
corporation to build q viaduct over it's
crossing. The railroad people refused to
build. After negotiation the railroad
company built the superstructure of the
visduct, the city building the approaches.
The plaintiff sued the city and the rail-
road company for damages done her
property on abutting lots by the construc
tioz of approaches. The court held that
the railroad company alone was liable for
those damages under the broad princi-
pies of the common law. The necessity
of the visduct grew out of the existence
of the railroad. The common council
had no right to enter into contract with
the railroad company whereby it agreed
to build approaches. THE duty of a
railroad company to restore highway to
its former usefulness was not discharged
when it restored it to proper condition
at the time of its construction, but was a
continuing one and embraced such alter.
ations and improvements as should after
wards be made necessary by the growth of
the city and the increased travel" The
court further held that 1.-THE embsukmen ts
(spproaChes) at the end Of bridge (vis>
, ducO made necessary on restoring high>
/, way to its former usefulness, are part Of
the railroad structure, and q party in
cidentslly injured in their construction
has as perfect remedy against the
company for consequential damages as
7, Tor direct injury by it in the original
i construction of the road The order of
= the common council in reference to the
i structure extended only to the aoutments
: and the visduct proper, but the court held
u in this language: THE building of the
= bridge [viaduci proper was necessary tc
q = give the public a safe and convenient
! passage over the defendants tracks, and
! the filling in of the approaches was re
: quired in subsequence of the erection OF
the bridge Fviauuctl in order to restore
the street to its former usefulness, which
II it was the duty of the defendant to do.
The fact that the duty is By Law
= imposed on the company is sufficient tc
: charge it with all the consequences oil
{ such an execution of it as results in mi
ry to others"
. Nothing, in the opinion of Judg
Green. is so clear in its application t
i' those railroads, which, like the North
western road, entered the city withou
% entering into stipulated agreements Il
y construct viaducts. They will have L
n build them and pay the damages of con
e struction in order to restore the street
=, :" which they cross to public useful ness A
Al to these roads in which express stipuls
II ton is made for the construction OF via
" ducts is clear case.
4 The resolutions adopted by last night
t. council meeting in response to the m,
sr mortal of the Citizens Improvement asst
III citation appear in the official proceeding
10 They were forwarded to Col. BAYLOR /
If Mayor Blanding this morning accomp'
d. MED by the following communication:
TX MAYORS OFFICE, CRY OF Rock ISLAND, !
n November 10, 1885
- STp.-I have the honor tn trAnam
of herewith certified copy of resolution
se adopted BY the city council of this city o
the 9th inst, relative to the constructio
rd Of viaduct at the south approach OF th
= government bridge leading from Twer
I'd ty-fourth street in this city. to the islam
of Rock Island, and to request that 20
I'M will give the subject matter embodied
81. these resolutions favorable considerable
NO and action at your earliest convenient Of
'er portunity.
he Awaiting reply, remain,
nd Always and truly yours,
ed V. NJ. BLANDrNg, Mayor.
Col. 7. G. Baylor, U s. A., Comdt.
nd S. Arsenal, Rock Island. III.
ak Ex-Mayor Henry Carse and Mr.. A.
ne Dart went to Chicago last night to lay
~, viaduct anG Union depot matter befc
President Cable, of the Rock Island. a
Fl. General Manager Ripley, of the c., B.
pal q