Kenilworth Sanitarium v. Village of Kenilworth
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. M. Kavanagh, Judge, presiding. On June 17, 1905, appellees, the village of Kenilworth and certain owners of property along a ditch extending through said village, filed their bill in the superior court of Cook county against appellant, the Kenilworth Sanitarium, to restrain it from emptying sewerage into said ditch. A decree was rendered granting the prayer of the bill, and the defendant below appeals.
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Appeal from the Superior Court of Cook county; the Hon. M. Kavanagh, Judge, presiding. On June 17, 1905, appellees, the village of Kenilworth and certain owners of property along a ditch extending through said village, filed their bill in the superior court of Cook county against appellant, the Kenilworth Sanitarium, to restrain it from emptying sewerage into said ditch. A decree was rendered granting the prayer of the bill, and the defendant below appeals. The village of Kenilworth is a municipal corporation in Cook county, situated on the west shore of Lake Michigan. A certain ditch running…
1Opinion of the CourtJustice Wilkin
Appellant seeks to reverse the decree of the court below upon the ground that no nuisance was proven or no actual or prospective legal damages or injury shown, and that equity .will not enjoin the owner of a dominant heritage when the increased fiowage or pollution of water does not constitute a nuisance or cause the owner of the servient estate any substantial injury or damage.
As shown by the foregoing statement of facts, the ditch in question was constructed by special assessment of lands between the years i860 and 1870, under and by virtue of an act passed February 15, 1855, (Private Laws…
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