City of Centralia v. Wright
Appellate Court of Illinois
Action for Damages resulting from the erection of a dam. Appeal from the Circuit Court of Marion County; the Hon. Benjamin R. Burroughs, Judge, presiding. Declaration in case; pleas of the general issue and statute of limitations; trial by the court; finding and judgment for plaintiff; appeal by defendant; submitted at the August term, 1894. Statement of the Oase.
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Action for Damages resulting from the erection of a dam. Appeal from the Circuit Court of Marion County; the Hon. Benjamin R. Burroughs, Judge, presiding. Declaration in case; pleas of the general issue and statute of limitations; trial by the court; finding and judgment for plaintiff; appeal by defendant; submitted at the August term, 1894. Statement of the Oase. This suit was brought by appellee against appellant for constructing a dam across a stream and thereby stopping the flow of ivater in its natural course and backing it up upon appellee’s land, damaging said land as a pasture and for…
1Opinion of the CourtJustice Green
Under the provisions of Par. 175 and 176, Ch. 24, Starr & Curtis’ Rev. Stat., page 508, the city of Centralia was empowered to establish and maintain water works, to acquire and hold the necessary land for that purpose by purchase, condemnation, or otherwise, and construct thereon, in a proper manner, a suitable and sufficient dam across this creek for the purpose of collecting water into a reservoir, to hold a supply of water for the use of the public, subject, however, to the provisions of Art. 2, See. 13, Const. 1870, providing that private property shall not be taken or damaged for public…
2Cases cited6 opinions
- Chicago & Alton Railroad v. MaherIllinois Supreme Court · 1878
- Kankakee & Seneca Railroad v. HoranIllinois Supreme Court · 1890
- Chicago & Eastern Illinois Railroad v. McAuleyIllinois Supreme Court · 1887
- Wabash, St. Louis & Pacific Railway Co. v. McDougallIllinois Supreme Court · 1886
- Chicago, Burlington & Quincy Railroad v. SchafferAppellate Court of Illinois · 1887
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3Cited by2 opinions
- Illinois Central Railroad v. LockardAppellate Court of Illinois · 1904
- City of Pinckneyville v. HutchingsAppellate Court of Illinois · 1896