Illinois Central R. R. v. Ferrell
Appellate Court of Illinois
Trespass on the Case, for damage to crops from overflow. Appeal from the Circuit Court of Jackson County; the Hon. Joseph P. Robarts, Judge presiding. Heard in this court at the August term, 1902.
1Opinion of the CourtJustice Worthington
The evidence in this case is voluminous. It fairly tends to prove that the dam, abutments, etc., constructed by appellant, contributed, with other causes for which appellant was not responsible, to overflow the lands described in the declaration, and to hold back such overflow, for a longer time than it would otherwise have remained there.
If there is a right of action by appellee against appellant for such overflow, the fact that other causes concurred with the obstructions built by appellant, in producing the overflow, constitutes no defense. Where damages recoverable in law are caused by…
2Cases cited10 opinions
- Ohio & Mississippi Railway Co. v. WachterIllinois Supreme Court · 1888
- Chicago & Alton Railroad v. MaherIllinois Supreme Court · 1878
- Ohio & Mississippi Railway Co. v. ThillmanIllinois Supreme Court · 1892
- Kankakee & Seneca Railroad v. HoranIllinois Supreme Court · 1890
- Joseph Schlitz Brewing Co. v. ComptonIllinois Supreme Court · 1892
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3Cited by9 opinions
- Middelkamp v. Bessemer Irrigating Co.Supreme Court of Colorado · 1909
- Robinson v. Central Nebraska Public Power & Irrigation DistrictNebraska Supreme Court · 1945
- Illinois Central Railroad v. LockardAppellate Court of Illinois · 1904
- Chef's No. 4, Inc. v. City of ChicagoAppellate Court of Illinois · 1983
- Fincher v. Baltimore & Ohio Southwestern RailroadAppellate Court of Illinois · 1913
4 more not listed; retrieve them via the Exa API.