Legal Opinion

Chicago & Alton Railroad v. Willi

Appellate Court of Illinois

Decided June 23, 1894PublishedCited by 2 opinions

Memorandum.—Action for damages occasioned by obstructing the flow of water. Appeal from the Circuit Court of Madison County; the Hon. Benjamin B. Burroughs, Judge, presiding. Heard in this court at the February term, 1894, and affirmed.

1Opinion of the Court

Mr. Presiding Justice Sample

delivered the opinion of the Court.

The appellee recovered damages to his crops caused by overflow of water, resulting, as alleged, from an insufficient culvert in the road bed of appellant, and insufficient ditches along said road bed.

That the appellee’s-crops were injured by an overflow of water is not disputed. The amount of the damages caused thereby is in controversy. That the culvert was only one foot in diameter, and the water causing the damage stood about two and one-half feet above the culvert, which was one foot above the bottom of the ditch, is proven.…

2Cases cited1 opinion

  1. St. Louis, Alton & Terre Haute Railroad v. BrownAppellate Court of Illinois · 1890

3Cited by2 opinions

  1. Illinois Central R. R. v. FerrellAppellate Court of Illinois · 1903
  2. Walton Cranberry Co. v. SeamonMichigan Supreme Court · 1912

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