O'BRIEN v. City of O'Fallon

Mr. PRESIDING JUSTICE JONES

delivered the opinion of the court:

Defendant city appeals a judgment entered upon a jury verdict for *30,000 in an action for nuisance brought by plaintiffs-homeowners. Plaintiffs’ action was founded upon contamination of a private lake by raw sewage from defendant’s sanitary sewer system purposefully discharged by defendant’s employees.

Defendant presents two issues for review: “* * ” whether the Trial Court erred in allowing the jury to consider diminished market value of the plaintiffs’ property as an element of damage,” and “* 6 * whether the trial court erred in…