Board of Trustees v. Haven
Illinois Supreme Court
This was an appeal taken by the trustees of the canal from an order of the Will Circuit Court, approving an assessment of damages in favor of the appellees, occasioned by diverting the water of the Des Plaines river from their mill, and applying it to the uses of the canal.
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This was an appeal taken by the trustees of the canal from an order of the Will Circuit Court, approving an assessment of damages in favor of the appellees, occasioned by diverting the water of the Des Plaines river from their mill, and applying it to the uses of the canal. The assessment was made in pursuance of an agreed case, which will be found in the opinion of this Court, in a case between the same parties, reported in 5th Gil-man, commencing at page 548. The report of the assessors was made to the Will Circuit Court, Henderson, Judge, presiding.
1Opinion of the Court
Opinion by Treat, C. J.:
It was decided at the last term of this Court, that the appellees, as the owners of lots one and two, in block fifty-seven, bounded on the east bank of the Des Plaines river, had title to the centre of the stream, and were entitled to recover damages from the appellants, for diverting the water of the river from its natural channel, opposite those lots, from the 20th of April, 1848, to the 12th of September following. Canal Trustees vs. Haven, 5 Gilman, 548.
The damages have since been estimated, and the amount directed to be paid by the Circuit Court, from which order…
2Cited by47 opinions
- Prall v. BurckharttIllinois Supreme Court · 1921
- Snoddy v. BolenSupreme Court of Missouri · 1894
- Moulton v. Newburyport Water Co.Massachusetts Supreme Judicial Court · 1884
- Vansickle v. HainesNevada Supreme Court · 1872
- Kirchen v. RemengaMichigan Supreme Court · 1939
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