Doud v. Guthrie
Appellate Court of Illinois
Error to the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. This was case, brought by plaintiff in error against defendants in error, to recover damages alleged to have been caused to plaintiff’s land by the erection of dams and dikes across and along the Desplaines river near plaintiff’s land, whereby the natural flow of water was obstructed and caused to overflow plaintiff’s land.
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Error to the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. This was case, brought by plaintiff in error against defendants in error, to recover damages alleged to have been caused to plaintiff’s land by the erection of dams and dikes across and along the Desplaines river near plaintiff’s land, whereby the natural flow of water was obstructed and caused to overflow plaintiff’s land. The case was before this court at the March term, 1882, when a former judgment for defendants was reversed for certain erroneous instructions, and the cause was remanded: 11 Bradwell,…
1Opinion of the CourtWilson, J.
We might well content ourselves by reversing the judgment of the court below, solely by reason of the occurrences which took place in connection with the expedition of the jury to view the premises in question; for certainly if a greater travesty on the trial by jury ever occurred it has not come to our notice. Upon the announcement by the court that the jury would be sent to make the view, if both or either of the parties would pay the expenses, and the refusal of the plaintiff to pay any portion of the same accompanied with his protest against the proposed view, the counsel for the…
2Cases cited2 opinions
- Linn v. SigsbeeIllinois Supreme Court · 1873
- Stampofski v. SteffensIllinois Supreme Court · 1875
3Cited by9 opinions
- Garvin v. HarrellSupreme Court of Oklahoma · 1910
- Campbell v. United StatesCourt of Appeals for the Eighth Circuit · 1895
- McCoy v. CleggWyoming Supreme Court · 1927
- American Brake Shoe & Foundry Co. v. JankusAppellate Court of Illinois · 1905
- Seaverns v. LischinskiAppellate Court of Illinois · 1899
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