Legal Opinion

Hayes v. Village of Dwight

Appellate Court of Illinois

Decided December 12, 1893PublishedCited by 2 opinions

Memorandum.—Injunction to restrain a nuisance. Appeal from the Circuit Court of Livingston Comity; the Hon. Charles R. Starr, Judge, presiding. Heard in this court at the May term, A. D. 1893.

1Opinion of the Court

Opinion op the Court,

Harker, P. J.

In the summer of 1892, the village of Dwight began the construction of a system of sewers, planning said system so that the discharge of the sewage from the village would be into Gooseberry creek, a stream passing through the village and running in a northerly direction through the farm of appellant.

Appellant filed,his bill to restrain the village from discharging its sewage into the creek, alleging that the creek was a running stream of living water, pure and good for stock; that he was using his farm as a stock farm; that he relied upon the waters of the…

2Cases cited3 opinions

  1. Wahle v. ReinbachIllinois Supreme Court · 1875
  2. Hall v. City of IoniaMichigan Supreme Court · 1878
  3. Iliff v. School DirectorsAppellate Court of Illinois · 1892

3Cited by2 opinions

  1. Attorney General ex rel. Township of Wyoming v. City of Grand RapidsMichigan Supreme Court · 1913
  2. Deterding v. Central Illinois Public Service Co.Appellate Court of Illinois · 1923

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