Gormley v. Sanford
Illinois Supreme Court
Appeal from the Circuit Court of Grundy county; the Hon. Josiah McRoberts, Judge, presiding. The appellant, Gormley, and the appellee, Sanford, owned and occupied adjacent lots in the city of Morris, in Grundy county, in this State. It is claimed by the appellee that the appellant, by artificial means, obstructed the natural flow of the surface waters from the lot of the former upon that of the latter.
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Appeal from the Circuit Court of Grundy county; the Hon. Josiah McRoberts, Judge, presiding. The appellant, Gormley, and the appellee, Sanford, owned and occupied adjacent lots in the city of Morris, in Grundy county, in this State. It is claimed by the appellee that the appellant, by artificial means, obstructed the natural flow of the surface waters from the lot of the former upon that of the latter. The principal question presented is, has the owner of the superior or dominant heritage an easement in the servient or lower heritage, for the free and unobstructed flowage, in accustomed…
1Opinion of the CourtJustice Lawrence
This was an action on the case, brought by Sanford against Gormley, for wrongfully obstructing a channel by which, as claimed by plaintiff, his land was drained. Sanford owned certain lots in block 3, in the city of Morris, Grundy county, numbered 11, 12 and 13, and Gormley owned lots 5, 6 and 7, in the same block, situated south of Sanford’s lots, and separated from them by an alley. In May, 1867, Gormley deposited upon the rear part of his lots, near the alley, a quantity of earth, which he had taken from an adjoining coal shaft. At that time Sanford had upon his lots a large number of…
2Cases cited1 opinion
- Gillham v. Madison County RailroadIllinois Supreme Court · 1869
3Cited by33 opinions
- Pendergrast v. AikenSupreme Court of North Carolina · 1977
- Wharton v. StevensSupreme Court of Iowa · 1891
- Templeton v. HussIllinois Supreme Court · 1974
- Drake v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1884
- O'Connell v. East Tenn., Va. & Ga. Railway Co.Supreme Court of Georgia · 1891
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