City of Champaign v. McMurray
Illinois Supreme Court
Appeal from the Circuit Court of Champaign county; the Hon. Lyman Lacey, Judge, presiding. This was an action on the case, brought by Robert McMurray, as trustee of Eliza B. and Charles M. McLaurie, against the city of Champaign, for an injury caused to a certain building by a change in the grade of a street so as to throw a quantity of water upon the premises. A verdict was returned and judgment rendered in favor of the plaintiff for $768 and costs. Defendant appealed.
1Opinion of the CourtJustice Scholfield
In the first count of the declaration it is alleged that the premises claimed to have been injured were, at the time the injury was committed, in the possession of tenants, and that the plaintiff, as trustee for Eliza B. and Charles McLaurie, had the reversion thereof.
In the remaining counts, the allegation is, that the plaintiff, as trustee, was in possession of the premises.
The defendant pleaded not guilty. No evidence was offered of title or of actual possession in the plaintiff, as alleged in the declaration.
The court, at the instance of the plaintiff, among other things, instructed the…
2Cases cited1 opinion
- Gardner v. HearttNew York Supreme Court · 1848
3Cited by8 opinions
- Frank Coles & Co. v. Louisville, Evansville & St. Louis RailroadAppellate Court of Illinois · 1892
- Carr v. United States Silica Co.Appellate Court of Illinois · 1910
- Chicago, Wilmington & Vermillion Coal Co. v. PetersonAppellate Court of Illinois · 1892
- Cincinnati, Hamilton & Dayton R. R. v. GoodsonAppellate Court of Illinois · 1902
- Smith v. St. Louis, I. M. & S. R.Court of Appeals for the Sixth Circuit · 1914
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