Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-12-24
TWILL PAY NO DAMAGES
AN IMPORTANT DECISION AS TO
GRADE CROSSINGS IN CHICAGO.
State Supreme Court Refuses to
MuIct the Municipality for the
Track Elevation.

During the recent discussion of the Gus
toms In other cities in connection with the
elimination of grade crossings The star
had occasion to note the fact that damage
suits were pending against the city OK Chl-
cago to a considerable sum in consequence
of it's assumption Of this charge In Its bar
gain with the railroad companies. which 1t
compelled to construct elevated tracks. The
opinion Of Mr. John O'Neill, city superin-
tendent of track elevation, that the city
would suffer no damages when the matter
was adjudicated by the courts, was then
cited. That opinion has now been Verlneo
by the rendition of a judgment in faVor OIL
the city by the state supreme court IN "a
test damage case involving the principles
underlying the suits. In consequence the
city of Chicago will probably escape with
the merest minimum of charge LOT the
great work of raising the tracks, "nch mas
cost the railroad companies, according W
Mr. O'Neilrs statement to The Star, up
ward of 81, OOO, 900 to date. This decision IS
of special interest to the people or w ASH
ington just at present, now that the two
railroad grade crossing bills have passed
both houses and await final adjustment In
conference. -
The Chicago Times Herald says editorial
ly of the decision:
THE law should guard private rights
tealousy, but 1t is impossible to contro-
vert the reasoning of the Supreme Court
in the appealed damage case that was
brought against the city on account ~
track elevation. 1t is shown, first that the
railroad concerned the Illinois Central mad
acquired its right of way properly and Tor
all time. Next it is pointed out that the
acquisition was made Tor the purposes VI
constructing, maintaining and operating
thereon single or double track railroad,
with all the necessary appurtenances ana
for all uses and purposes connected with
the repair. maintenance ana compete oper-
alton of said railroad.
These facts constitute continuing, per-
manent notice to all holders and purchasers
of adjacent property which estops them
from complaining of any use of the way
within the limits described, and it is held
that track elevation does not exceed the
limits, though the appellant urged that be-
cause of the change the nuisance from noise
was increased and more dust, cinders,
smoke gases and other obnoxious sub
stances had been cast upon his lot than
formerly. In the language of the court,
The increased uses Of the right OF way OF
annellee which have produced the effects
complained of are necessary incident to
and inseparabe from the successful opera
ton of appelees railroad and fall within
the terms of the grant of its right Of way.
There is a lasting concession which is not
exhausted with the building Of a surface
road. but which entities the company to
a change of construction and operation to
meet the demands upon 1t Of a growing
development of society,"
Furthermore, in answer to another con-
teEtion Of the appellant. 1t Is said that the
right of way Is not public highway, like
a street, and that there Is, therefore, no
force in the argument that the abutting
property owner has an easement in the
light, air and view which would naturally
ccme over such right Of way to his prem
Uses. The company holds its ground as pri-
vate property and is responsible to the pub
lie only in its capacity as common carrier.
I'm order to further the work of track
elevation the city undertook to defend dam
age suits of this class, and 1T is estimated
that the suits which have been pending
against it aggregate from 100000 to ST.
$4,000. 1t is thus relieved Of great re-
sponsibility, and though Justice Magruder
maintains that the opinion is too sweeping
we cannot see that it establishes danger
Gus precedent.
The quest on whether the raj roads might
not abuse the rights conceded to them dur
ing future Developments Is one which may
be decided by reference to what Is just
and reasonable in any particular case.
The Chicago Tribune says:
when track elevation In this city began
the roads concerned insisted that the mu-
nicipality should bind itself to pay all dam
ages which might be recovered by real es-
tate owners whose property was injured
thereby. The railroads were afraid dam
ages would be recovered in many cases.
The law officers of the city were not and
they advised acceptance of the conditions
of the railroads. Events have proved that
they Were in the right. The Supreme Court
has just decided that a property owner can
not recover because of alleged damages &C.
casioned by the elevation of tracks. This
disposes of the matter and saves the city
the million or million and a half dollars
which 1t might have had to pay out had
the case just passed on gone the other way.
Chicago has obtained the benefits of track
elevation on better terms than any other
American city.
The Chronicle says:
'"The application of this decision to the
suits pending for damages on account of
the construction of the elevated loop re-
mains to be determined Does a railway
company holding right of way by permits
sion of the council to use the streets of the
city occupy a relation different from that
of corporation building a track over
right of way bought from private owners?
These questions will go to the highest
courts. The interests involved amount to
many millions of dollars that this case
and all similar cases will be fought out to
the last
The Post SAYS:
I'm the interest of public safety the city
of Chicago ordered the adjustment of
grade crossings, and the railroads, in obey
ing this order, raised their tracks. This
change of grade has proved detrimental to
adjoining property in many instances, and
1t does not seem just or reasonable that
the individual should be debarred from try
Ing TO secure compensation for his loss. If
society seeks to protect itself 1t should be
prepared to pay the full price for such
protection; at least this is the way the
average layman views the matter"
1,0oo.0oo articles for Children's Christmas
Gould s.-Advt.
New Office and Several Promotions.
w. w. Finley, second vice president of
the Southern railway, announces that on
account of the acquisition Of the Louis
md CT ia.