Chicago, Peoria & St. Louis Railway Co. v. Reuter
Illinois Supreme Court
Appeal from the tAppellate Court for the Fourth District ;—heard in that court on appeal from the Circuit Court of Madison county; the Hon. W. J. N. Moyers, Judge, presiding. This was an action on the case for damages caused by the backing up of water and flooding of appellees’ lands, and the consequent destruction of their crops.
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Appeal from the tAppellate Court for the Fourth District ;—heard in that court on appeal from the Circuit Court of Madison county; the Hon. W. J. N. Moyers, Judge, presiding. This was an action on the case for damages caused by the backing up of water and flooding of appellees’ lands, and the consequent destruction of their crops. The declaration avers, in substance, that in the spring of 1902 appellees were in possession of a large body of fertile farming lands in Madison county, Illinois; that said railway company was at that time, and prior thereto, possessed of a certain right of way over…
1Opinion of the CourtJustice Carter
We do not deem it necessary to review at any length the evidence in this case. On all of the controverted facts the judgment of the Appellate Court is final.
It is urgently insisted by appellant that there is a variance between the proof and the declaration, the latter charging the damages to have been caused by surface water, while the former showed it was caused by overflow water. Appellant contends that in considering a question of this nature water should be divided into three classes: channel waters, surface waters and overflow waters. There are many diverse opinions as to whether…
2Cases cited6 opinions
- Gillham v. Madison County RailroadIllinois Supreme Court · 1869
- Gormley v. SanfordIllinois Supreme Court · 1869
- Groff v. AnkenbrandtIllinois Supreme Court · 1888
- Pinkstaff v. SteffyIllinois Supreme Court · 1905
- Toledo, Wabash & Western Railway Co. v. MorrisonIllinois Supreme Court · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Hecht v. Boston Wharf Co.Massachusetts Supreme Judicial Court · 1915
- Admiral Builders Corp. v. Robert Hall VillageAppellate Court of Illinois · 1981
- Broadwell Special Drainage District No. 1 v. LawrenceIllinois Supreme Court · 1907
- Funston v. HoffmanIllinois Supreme Court · 1908
- Drda v. Illinois Terminal RailroadAppellate Court of Illinois · 1918
8 more not listed; retrieve them via the Exa API.