Legal Opinion
Small v. Brainard
Illinois Supreme Court
Decided April 15, 1867PublishedCited by 3 opinions
Appeal from the Circuit Court of Kankakee county; the Hon. Charles R. Starr, Judge, presiding. This was an action of trespass brought in the court below by Cyrus Brainard, against Abram L. Small, and a trial resulted in a verdict and judgment for the plaintiff. The defendant thereupon appealed to this court.
1Opinion of the CourtJustice Lawrence
This was an action of trespass brought for digging a ditch and causing the water to overflow upon the plaintiff’s land. The defendant pleaded not guilty and several special pleas. On the trial the court gave for the plaintiff the' following instruction:
“ The court instructs the jury for plaintiff, that he is entitled to recover in this action all damages proved to have heen sustained by him on account of the trespasses committed by defendant on plaintiff’s premises, as alleged in the declaration in this cause.”
The appellant objects to this instruction, that it assumes the defendant committed…
2Cited by3 opinions
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