McCormick v. State of Illinois — 6 Ill. Ct. Cl. 213

FRANK McCORMICK AND ELIZABETH McCORMICK, Claimants, v. STATE OF ILLINOIS, Respondent.

Case summary

The claimants sought damages for depreciation in value of their residence caused by construction of an overhead bridge and earthen embankment in front of their property. The court allowed the claim for $2,500.00 based on the Attorney General's statement that the claimants were entitled to damages.

Claim type: Property Damage

AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.

Headnotes

PROPERTY DAMAGE-when award will be made. Where it appears from

PROPERTY DAMAGE-when award will be made. Where it appears from the evidence claimants have suffered damages by reason of the construction of an over-head bridge by the Department of Public Works and Buildings, an award will be made for such damages. C. W. Burton, for claimant. Oscar E. Carlstrom, Attorney General; Roy D. Johnson, Assistant Attorney General, for respondent.

Mr. Justice Leech delivered the opinion of the court:

The claimants, Frank McCormick and his wife, Elizabeth McCormick, in 1920 purchased a two and one-half acre tract at the junction of the Illinois Traction System with the Edwardsville-St. Louis Road. The place was desirable and adaptable as a small country residence and the claimants built a porch on the five room frame house, built two chicken houses, a garage and greatly improved the premises at this [*214] time. The premises were fronted for a distance of 264 feet by a concrete road known as Route No. 4.

The State of Illinois through the Department of Public Works and Buildings, Division of Highways, in order to secure a separation of grades, constructed an over-head bridge, thereby raising the road twenty-five (25) feet over the tracks of the Illinois Traction System, and constructed an approach on either side of the bridge, consisting of earth embankments, that said embankment extended entirely in front of the claimant's premises and being about 18 to 20 feet high in front of claimant's house.

The claimants further represent that because of the location and construction of said earthen embankment immediately in front of the premises, that the premises and buildings are less desirable, less healthful and less valuable as a home and residence and that the fair cash market value of said premises has been depreciated in the sum of Twentyfive Hundred ($2,500.00).

The Attorney General files his statement stating that the claimants have made a fair presentation of the facts and there appears to be no question but what claimants are entitled to damages.

The court, therefore, allows the claim in the sum of Twenty-five Hundred Dollars ($2,500.00).