City of Galena v. Galena Water Co.

Mr. Presiding Justice Dibell

delivered the opinion of the court.

The city of Galena and the board of school directors of district No. 120, of the county of Jo Daviess, sued the Galena Water Company in an action on the case to recover damages for the loss by fire of a building, owing, as is alleged, to the negligent breach of a written contract between the city and the predecessor of the water company. Counsel agree that a demurrer was sustained to an original and to an amended declaration. The record before us begins with what is called a new declaration, to which a general and a special…