Cooney v. Town of Hartland
Illinois Supreme Court
Appeal from the Appellate Court for the Second District; the Hon. Nathaniel J. Pillsbttby, presiding Justice, and Hon." Joseph Sibley and Hon. Edwin S. Leland, Justices, —heard in that court on appeal from the Circuit Court of McHenry county, the Hon. Hiram H. Cody, Judge, presiding.
1Opinion of the CourtJustice Dickey
This is an action by appellants against the town, seeking damages for injury to the lands of appellants, alleged to have been caused by the unlawful conduct of the highway commissioners of the town in diverting (in the construction or improvement of a public highway) from its natural course a stream of water, whereby it was caused to flow upon the lands of appellants.
It is insisted by appellants that a distinction should be taken in such cases between acts of omission and acts of commission; that in the case of Town of Waltham v. Kemper, 55 Ill. 348, this court passed only upon a case of a…
2Cited by22 opinions
- Peters v. Union Gap Irrigation DistrictWashington Supreme Court · 1917
- Hennigs v. Centreville TownshipIllinois Supreme Court · 1974
- Chase v. MiddletonMichigan Supreme Court · 1900
- Dinwiddie v. SiefkinAppellate Court of Illinois · 1939
- Balsley v. StateCourt of Claims of Illinois · 1903
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