Opinion
Gen. Nos. 43,759, 43,823. (Abstract of Decision.)
Opinion filed June 4, 1947 Released for publication June 19, 1947
DAMAGES, § 538 — property damages resulting from public improvement, sufficiency of proof. In action tried without jury against city to recover compensation for private real property damaged for public use respecting improvement involving construction of viaduct, competent evidence was sufficient to support trial court's finding that plaintiff failed to sustain burden of proving that property's loss in value was proximately caused by improvement rather than economic depression, but that on contrary, although property was damaged, benefits accruing as result of improvement, by virtue of improved appearance and increased vehicular traffic, advertising value and accessibility, exceeded such damage, so that judgment for city would not be disturbed even though there were errors in admission of testimony as to damages (Ill. Const. Art. II, § 13).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook county; the Hon. JOHN M. TUOHY, Judge, presiding.
Affirmed. Heard in the third division, first district, this court at the June term, 1946.
Campbell, Clithero Fischer, for appellant;
Carlton L. Fischer and John F. Arnold, of counsel;
Barnet Hodes, Corporation Counsel, for appellee;
John J. Mortimer, John C. Melaniphy, Francis S. Lorenz and John J. Sullivan, of counsel.
Not to be published in full. Opinion filed June 4, 1947; released for publication June 19, 1947.