Legal Opinion

Comm'rs of Highways of Pre-emption v. Whitsitt

Appellate Court of Illinois

Decided August 20, 1884PublishedCited by 3 opinions

Appeal from the Circuit Court of Mercer county; the Hon. John J. Glenn, Judge, presiding. This is a bill for injunction for the purpose of restraining the appellants from digging, excavating and establishing any ditch, drain or waterway by means of which the water could be discharged from sections 2 and 3, and the north part of 10 and 11 down upon the lands of the appellee.

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Appeal from the Circuit Court of Mercer county; the Hon. John J. Glenn, Judge, presiding. This is a bill for injunction for the purpose of restraining the appellants from digging, excavating and establishing any ditch, drain or waterway by means of which the water could be discharged from sections 2 and 3, and the north part of 10 and 11 down upon the lands of the appellee. The bill avers that appellee was the owner of E. one half of the S. E. one quarter,'section 10, and S. W. one quarter, section 11, in T. 2, M., JR. 2, W., in Mercer county, Ill., and had been at expense in draining and…

1Opinion of the Court

Lacey J.

The evidence shows that between the village of Pre-emption and the point of discharge of the tile drain, a railroad crosses the highway and drain, and that it is about eighty rods north of the mouth of the tile drain, and that the tile had been laid to a point north of the railroad before appellee made any objections or sued out the .writ of injunction. That the highway at the mouth of the tile drain on section 11 is crossed by a ravine or swail running from west, to east, and over which there is a culvert in the road where this natural watercourse passes under the highway. That about…

2Cases cited2 opinions

  1. Peck v. HerringtonIllinois Supreme Court · 1884
  2. Hicks v. SillimanIllinois Supreme Court · 1879

3Cited by3 opinions

  1. Crohen v. EwersAppellate Court of Illinois · 1890
  2. Anderson v. HendersonAppellate Court of Illinois · 1887
  3. Graham v. KeeneAppellate Court of Illinois · 1889

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