LEVY v. CITY OF CHICAGO

DAMAGES, §§ 332, 538 — subway, property damage resulting from construction of. In action against city by owner of improved properties to recover damages thereto by reason of construction of subway, trial court did not err in denying city's motion for judgment notwithstanding verdict in favor of owner for $15,000, and verdict was not excessive, where witness testified as to fair cash market value prior to and after construction of subway and that properties were no longer capable of producing former income, and evidence showed that as result of subway owner was compelled to rent properties at great reduction, and where, although subway would benefit some, owner's properties sustained very little if any benefit therefrom because of their particular location.

Opinion by JUSTICE SCANLAN.

Not to be published in full. Opinion filed May 20, 1947; released for publication June 9, 1947.