Section 89. Public streets and highways when dedicated or acquired, are primarily for the use of the public, but certain temporary uses of them, which may constitute a partial obstruction, may be legally authorized for a short time because of the necessities of the case.

However, these temporary uses are invariably subject to the control and regulation of the local authorities and it is entirely lawful to impose conditions on such uses.

A common instance of a temporary use of the street is the depositing of building material thereon for use in the construction of buildings along the street and permission for such use may be granted by the municipality.

In the case of McCarthy vs. City of Chicago, 53 III., page 42, the court said: "The public have an interest in the use of streets and sidewalks in cities, as well as those desiring to erect buildings thereon.

And as the obstruction of streets with building material, and the sinking of dip pits in the sidewalks, for the purpose of erecting houses, is always attended with inconvenience to the public, and is not usually free from danger, the right to use these streets and sidewalks for such purposes must be controlled by some power, that the public may be rendered safe, and that nuisances shall not be thus created. As the city is liable for all injuries received by reason of the unsafe condition of its streets and sidewalks, it is obvious that it should have the power to regulate and control the use of its highways for such purposes.

"Were it not for such a provision in its charter, it might well be doubted whether the city could be compelled to permit any portion of the streets to be thus obstructed. But in requiring the permission to be granted it has given the city the power by ordinance to impose all reasonable conditions. And it is not unreasonable to require the builder to indemnify the city for money it may be compelled to pay by reason of injury growing out of the negligent manner in which the privilege may be exercised under the permit."