Theiler v. State

Mr. JusTicE Thomas

delivered the opinion of the court:

By stipulation of the parties these cases are consolidated.

Claimants’ demands are for damages alleged to have been caused by flooding their lands with water from the Illinois and Michigan canal. The declarations are all substantially alike. The first count charges that the employees of the State carelessly and negligently permitted the waters in the canal to rise to such heights that they overflowed and weakened the banks of the canal so that the banks broke and thereby overflowed the lands of claimants. The second count charges that the…