Village of Ladd v. Chicago, Ottawa & Peoria Railway Co.

119 N.E. 276, 283 Ill. 260
CourtIllinois Supreme Court
DecidedApril 17, 1918
DocketNo. 11933
StatusPublished
Cited by3 cases

This text of 119 N.E. 276 (Village of Ladd v. Chicago, Ottawa & Peoria Railway Co.) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Village of Ladd v. Chicago, Ottawa & Peoria Railway Co., 119 N.E. 276, 283 Ill. 260 (Ill. 1918).

Opinion

Mr. Chief Justice Carter

delivered the opinion of the court:

In July, 1917, the village of Ladd, in Bureau county, following the provisions of the Local Improvement act, filed its petition in the county court of that county praying that the cost of improving a certain portion of Main street, in said village, might be levied, assessed and collected by special taxation of property abutting the improvement, according to frontage. To this petition plaintiffs in error filed numerous objections. These objections, after a hearing in the county court, were overruled, and objections as to the merits having been waived, a judgment was entered in said court confirming the assessment. Erom that judgment this writ of error has been prosecuted.

The ordinance was for paving a certain portion of said street with vitrified brick on a concrete base. It is insisted by plaintiffs in error that the ordinance, estimate and resolution of the board of local improvements are defective as to the construction of certain parts of said improvement, and that the ordinance is invalid in not following the specific provisions of the statute as to the division of the assessment into installments.

Counsel for plaintiffs in error contend that the estimate of cost submitted by the board of local improvements is insufficient in that it does not include as separate items of cost all the component parts of the improvement; that it does not separately estimate the cost of excavation necessary for the catch-basins; that while the specifications of the contract provide that the bid for catch-basins shall include necessary excavations, the item as to the cost of excavation is entirely lacking in the estimate. The estimate as to catch-basins provides: “Twelve catch-basins complete,

including one length of ten-inch vitrified tile sewer-pipe set in place, at $22 each, $264.” The specifications with reference to catch-basins provide: “They shall consist of a brick pit with cast-iron cover.” Incorporated as a part of the estimate, before the separate items are set out, it is stated that the estimate includes “all labor and material and all other lawful expenses of said improvement.” The only requirement of the statute as to the estimate is that it shall be itemized to the satisfaction of the board of local improvements, and this court has held that the estimate is sufficiently itemized, so far as the property owners are concerned, if it is sufficiently specific to give them a general idea of the estimated cost of the substantial, component elements of the improvement; that it is not necessary for the estimate to set out in minute detail all the items of labor and material which go into the improvement; that only the substantial, component elements are required in separate items. Hulbert v. City of Chicago, 213 Ill. 452; Connecticut Mutual Life Ins. Co. v. City of Chicago, 217 id. 352; City of Chicago v. Gage, 237 id. 328; Village of Oak Park v. Galt, 231 id. 482; City of Chicago v. Underwood, 258 id. 116.

In Chicago and Western Indiana Railroad Co. v. City of Chicago, 230 Ill. 9, it was contended that the estimated cost of the improvement was insufficient because it did not include the cost of grading. This court, after laying down the rule as to the requirements of the statute as to estimates, said (p. 11) : “The estimate divides the improvement into four substantial, component elements: the concrete gutter on cinders, the combined curb and gutter on cinders, the paving with its various parts, and the adjustment of sewers, etc. We do not think the grading constitutes a substantially different component part of the improvement which must be separately itemized. Grading or excavation is a part of each of the four items of the estimate. No part of the material therein specified can be applied to this improvement without the- labor of putting it in place. The estimate is preceded by the statement that it includes labor, material and all other expenses.’ It must therefore have been based upon the various items of material in place in the completed work and must have included the necessary grading. * * * We regard the estimate as sufficient.”

In City of East St. Louis v. Vogel, 276 Ill. 490, it was argued that the estimate did not include the cost of the concrete footing of the curb, such footing being required by the specifications to be six inches deep by twelve inches wide. The opinion, in discussing this question, said (p. 496) : “The estimate contained an item for 38,170 lineal feet of sandstone curb, six inches by eighteen inches, set in concrete, complete in place, $32,444.50. The estimate stated that it included labor and material, and this item was sufficient to include the concrete foundation and backing.”

In City of Chicago v. Singer, 202 Ill. 75, it was contended that the estimate was insufficient because it did not include the cost of the earth filling required to be placed back of the curb-stones as described in the ordinance, and that the estimate for such back-filling should have been separate from the other estimate. The opinion said (p. 82) : "The engineer’s estimate does not itemize the cost of filling a space at the back of the curb-stones with earth filling. It appears from such estimate the improvement will require 27,808 lineal, feet of curb-stones, the cost of which is estimated at sixty cents per lineal foot. The estimate submitted by the engineer includes, as is expressly stated in the estimate, ‘labor, material and all other expenses attending the same.’ It is therefore fairly to be considered that the estimate of sixty cents per lineal foot for the curb-stones included not only the stones themselves, but the ‘labor, material and all other expenses’ attendant upon placing the stone in place and filling back, as required by the ordinance.”

Counsel for plaintiffs in error rely as to this point especially upon the reasoning of this court in Lyman v. Town of Cicero, 222 Ill. 379, where the estimate was held not sufficiently itemized. In that case a cinder foundation for the curb was not referred to in the estimate although provided for in the ordinance. The opinion said (p. 383) : "The extent to which separate items are to be set down evidently depends upon the nature of the improvement, which may all be fairly included in one item or may consist of several,”—and this statement was approved as to estimating separate items,-in MacChesney v. City of Chicago, 227 Ill. 215. We think the Lyman case is clearly distinguishable from the case at bar. Here there was no separate part of the material going into the work that was left out. The only part that was left out, as argued by counsel, was the work of excavating for the pit, and that was included plainly under the general statement that the estimate included all work and material necessary for the improvement. The catch-basins are substantial, component elements of the improvement, but the excavations for the catch-basins are merely a part of the elements necessary for the construction of said basins and not in themselves substantial, component elements of the improvement, as the term “component elements” has been defined in the various decisions of this court. We think every contractor or person familiar with the work would clearly understand from this estimate that the excavation for the catch-basins was a necessary part of the cost of the catch-basins.

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Bluebook (online)
119 N.E. 276, 283 Ill. 260, Counsel Stack Legal Research, https://law.counselstack.com/opinion/village-of-ladd-v-chicago-ottawa-peoria-railway-co-ill-1918.