Gerber v. Grabel
Illinois Supreme Court
The declaration averred, in the first count, that the plaintiff, before and at the time of the committing of the grievance thereinafter mentioned, and still is, laivfully possessed of a certain messuage or dwelling-house, with the appurtenances, situate and being on, etc., in the town of Edwardsville, etc., in which, during all the time, etc., there were, and still of right ought to be, divers, to wit: two windows, through which the light and air, during all the time…
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The declaration averred, in the first count, that the plaintiff, before and at the time of the committing of the grievance thereinafter mentioned, and still is, laivfully possessed of a certain messuage or dwelling-house, with the appurtenances, situate and being on, etc., in the town of Edwardsville, etc., in which, during all the time, etc., there were, and still of right ought to be, divers, to wit: two windows, through which the light and air, during all the time aforesaid ought to have entered, and still ought to enter, etc. Yet that the defendant, well knowing the premises, etc.,…
1Opinion of the CourtSoates, J.
This is an action on the case for obstructing and excluding the light and air from passing through the windows into the plaintiff’s dwelling-house, situated on lot 127, in Edwardsville, by the erection of a wall and building, by the defendant, by which the house is rendered close, uncomfortable, unwholesome, and unfit for habitation, and plaintiff is greatly annoyed and incommoded in the use, possession and enjoyment. The second count is for continuing this obstruction; and the third count is general, for obstructing and excluding light and air, through the windows, without specifying the…
2Cases cited1 opinion
- Thurston v. HancockMassachusetts Supreme Judicial Court · 1815
3Cited by8 opinions
- Keating v. SpringerIllinois Supreme Court · 1893
- Morrison v. MarquardtSupreme Court of Iowa · 1867
- Guest v. ReynoldsIllinois Supreme Court · 1873
- Chilcott v. HartSupreme Court of Colorado · 1896
- Clawson v. PrimroseCourt of Chancery of Delaware · 1873
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