Legal Opinion

Johnson v. Cunningham

Appellate Court of Illinois

Decided February 11, 1895PublishedCited by 3 opinions

Memorandum.—Action for obstructing a drain. In the Circuit Court of Vermilion County; the Hon. Ferdinand Bookwalter, Judge, presiding. Declaration in case; plea, not guilty; trial by jury; verdict and judgment for defendants; appeal by plaintiff. Heard in this court at the November term, 1894,

1Opinion of the Court

Me. Presiding Justice Wall

delivered the opinion of the Court.

This was an action on the case by Johnson against Cunningham & Williams, executors of Hoopes, deceased, and John Watts. The declaration alleged that the deceased, Hoopes, and the defendant, Watts, had, during the lifetime of said Hoopes, negligently and carelessly filled a certain ditch, theretofore opened by the plaintiff across the land of said Hoopes, by the consent and permission of the then owner of the land, who afterward sold to Hoopes, which said ditch was constructed along a natural watercourse, and being connected with a…

2Cases cited3 opinions

  1. Wilson v. BondurantIllinois Supreme Court · 1892
  2. Eich v. SieversIllinois Supreme Court · 1874
  3. Wilson v. BondurantAppellate Court of Illinois · 1891

3Cited by3 opinions

  1. International Shoe Co. v. HewittSupreme Court of Florida · 1936
  2. Antrim v. NoonanAppellate Court of Illinois · 1914
  3. Milliken v. HildebrandAppellate Court of Illinois · 1924

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