Legal Opinion

Wenona Zinc Co. v. Dunham

Appellate Court of Illinois

Decided December 13, 1894PublishedCited by 2 opinions

Memorandum.—Action for damages to premises from noxious gases. In the Circuit Court of La Salle County; the Hon. Charles Blanchard, Judge, presiding. Declaration in case; plea, not guilty; trial by jury; verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the May term, 1894,

1Opinion of the CourtJustice Cartwright

Appellee brought this suit against appellant to recover damages resulting to herself and her property from the location and operation of zinc works near her home, and she recovered §750.

Appellant complains that on the trial the injury to plaintiff’s property was treated as permanent, and she was allowed to prove the depreciation in the value of the property; that the court excluded proper evidence offered by defendant, and that the verdict is against the weight of the evidence.

In two counts of the declaration, damages of the kind now objected to, were charged. The damages proved, resulted…

2Cases cited4 opinions

  1. Kankakee & Seneca Railroad v. HoranIllinois Supreme Court · 1890
  2. Ottawa Gas Light & Coke Co v. GrahamIllinois Supreme Court · 1862
  3. Bull v. GriswoldIllinois Supreme Court · 1858
  4. Decatur Gas Light & Coke Co. v. HowellIllinois Supreme Court · 1879

3Cited by2 opinions

  1. Norway Tree Farm, Inc. v. BaugherAppellate Court of Illinois · 1972
  2. Paisley v. American Zinc Co.Appellate Court of Illinois · 1924

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