Marlatt v. Peoria Water Works Co.

Plaintiff-Appellee, Oakley Marlatt commenced this action in the Circuit Court of Peoria County against the Defendant-Appellant, Peoria Water Works Company. The action based on trespass and ejectment, sought to recover possession of premises allegedly and unlawfully occupied by a two-inch water main owned and installed by defendant. The case was submitted on a stipulation of facts and resulted in a judgment in favor of plaintiff from which judgment defendant has appealed.

This controversy involves a water main constructed by the defendant underground at the rear of a lot owned by plaintiff. The…