Legal Opinion

Sanitary District of Chicago v. Herbert

Appellate Court of Illinois

Decided June 8, 1903PublishedCited by 1 opinion

Trespass on the Case, for damages to land by flooding. Appeal from the Circuit Court of Will County; the Hon. Dorrance Dibell, Judge presiding. Heard in this court at the April term, 1903.

1Opinion of the Court

Mr. Presiding Justice Higbee

delivered the opinion of the court.

This was a suit by appellee to recover damages for injuries resulting from the overflowing of his real estate, alleged to have been caused by the wrongful action of appellant in increasing the flow of water in the Desplaines river.

Appellee’s land, consisting of 107 acres, is located on both sides of Jackson creek near where that creek flows into the Desplaines river. It is claimed by appellee that appellant, by turning the water of the Chicago drainage canal into said river, caused the latter to back up Jackson creek and thus…

2Cited by1 opinion

  1. Miekley v. General Roofing Manufacturing Co.Appellate Court of Illinois · 1913

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