Jansen v. Varnum
Illinois Supreme Court
Appeal from the Circuit Court of Monroe county; the Hon. Amos Watts, Judge, presiding. This was an action originally brought before a justice of the peace, by Leverett Varnum, Frederick Varnum and Sarah Varnum, against Eberhard Jansen, and Bertha Jansen, his wife, to recover damages to real estate caused by the digging of a ditch, whereby water was thrown from the lands of Bertha Jansen upon that of the plaintiffs, and by the building of a dam on other land of Bertha Jansen,…
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Appeal from the Circuit Court of Monroe county; the Hon. Amos Watts, Judge, presiding. This was an action originally brought before a justice of the peace, by Leverett Varnum, Frederick Varnum and Sarah Varnum, against Eberhard Jansen, and Bertha Jansen, his wife, to recover damages to real estate caused by the digging of a ditch, whereby water was thrown from the lands of Bertha Jansen upon that of the plaintiffs, and by the building of a dam on other land of Bertha Jansen, whereby the natural flow of the water from the plaintiffs’ land was obstructed. There was a trial in the circuit court,…
1Opinion of the CourtJustice Walker
We have examined the evidence in this case with care, and fail to find a particle of testimony against Bertha Jansen. We do not find her name mentioned by a single witness in the entire evidence. She is proved to have done no act, given no directions as to the dam or ditches, nor does it appear that she ever sanctioned or approved anything her co-defendant did.' It is," therefore, impossible to see on what _ principle in law or justice she should be held liable. So far as the evidence shows, she was as entirely disconnected from the acts of her co-defendant as any other person. It would,…
2Cited by25 opinions
- Chmielewski v. MarichIllinois Supreme Court · 1954
- Seymour v. O. S. Richardson Fueling Co.Illinois Supreme Court · 1903
- West Chicago Street Railroad v. MartinIllinois Supreme Court · 1894
- Woods v. BowmanAppellate Court of Illinois · 1915
- Geis v. RohrerIllinois Supreme Court · 1957
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