# Whitmer v. Commissioners of Highways

> Illinois Supreme Court · September 30, 1880 · 96 Ill. 289

URL: https://www.frixlaw.com/law-library/cases/6961009

## Case

- **Full name:** Peter Whitmer v. Commissioners of Highways
- **Court:** Illinois Supreme Court
- **Decided:** September 30, 1880
- **Citations:** 96 Ill. 289; 1880 Ill. LEXIS 32
- **Precedential status:** Published
- **Opinion:** Dissent by Scholfield
- **Judges:** Craig, Scholfield, Sheldon, Walker
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6961009

## Opinion text

SCHOLFIELD, J.: I do not concur in this.opinion. Sabin has no other interest in the change in the road than any other person whose pleasure or necessity may induce him to pass over the road. He is not denied ingress or egress to or from his land by the change, but simply, as is everybody else, is compelled to pass along the base and perpendicular of a triangle instead of along the hypothenuse. His inconvenience differs from that of every other citizen in degree only, but not at all in principle. I concede that any one sustaining a special injury not common to the public, is entitled to appeal, but I deny that Sabin sustained such injury.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6961009. Public record. Not legal advice.