Sanitary District v. George F. Blake Manufacturing Co.

The appellee sued appellant, declaring in assumpsit on the common counts. The general Issue was pleaded, trial by jury was waived, and the court found the issue for the defendant. On appeal the Appellate Court reversed the judgment and entered judgment for the plaintiff for $1200.55,—the demand sued for. The case is here on the defendant’s appeal.

The case, in substance, is this: Upon the report and advice of appellant’s chief engineer, the appellant, at a meeting of its trustees, decided to make what was called an “erosion test” upon a section of its drainage channel, and directed the chief…