Tearney v. Smith
Illinois Supreme Court
Appeal from tbe Circuit Court of Will County; the Hon. Josiah McRoberts, Judge, presiding. This was an action on the case, by Charles C. Smith against Michael Tearney, Peter Corbin, and Dennis Scanlan, who were commissioners of highways.
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Appeal from tbe Circuit Court of Will County; the Hon. Josiah McRoberts, Judge, presiding. This was an action on the case, by Charles C. Smith against Michael Tearney, Peter Corbin, and Dennis Scanlan, who were commissioners of highways. The declaration, omitting the formal parts, charged as follows: “For that whereas the said plaintiff, heretofore and at the time of the committing of the grievances hereinafter mentioned, was, and from thence hitherto has been, and still is, lawfully possessed of certain lands and premises, with the appurtenances, situate in the county aforesaid, which said…
1Opinion of the CourtJustice Breese
This is an appeal from the circuit court of Will county, to reverse a judgment recovered therein by Charles C. Smith, plaintiff, and against Michael Tearney, Peter Corbin, and Dennis Scanlan, defendants, in an action on. the case. The gravamen of the action was, the careless, improper, and negligent manner in which the defendants, as commissioners of highways of the town of Wilmington, cut and dug a drain, ditch, trench, and channel, and a grade and embankment, so near the premises of the plaintiff, and so unskillfully, as to cause the rain and surface water running from these ditches and…
2Cases cited1 opinion
- Nevins v. City of PeoriaIllinois Supreme Court · 1866
3Cited by24 opinions
- Mattson v. AstoriaOregon Supreme Court · 1901
- Mower v. WilliamsIllinois Supreme Court · 1949
- Adams v. SchneiderIndiana Court of Appeals · 1919
- Nagle v. WakeyIllinois Supreme Court · 1896
- Savoie v. Town of BourbonnaisAppellate Court of Illinois · 1950
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