Chicago & Northwestern Railway Co. v. Hoag
Illinois Supreme Court
Appeal from the City Court of the city of Elgin; the Hon. Frank M. Annis, Judge, presiding. This was an action against the Chicago and Northwestern Bailway Company to -recover damages for causing and permitting water to flow and escape from a water tank of the defendant, upon premises of the plaintiff. The plaintiff recovered a verdict and judgment for $325 damages, and the defendant appealed.
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Appeal from the City Court of the city of Elgin; the Hon. Frank M. Annis, Judge, presiding. This was an action against the Chicago and Northwestern Bailway Company to -recover damages for causing and permitting water to flow and escape from a water tank of the defendant, upon premises of the plaintiff. The plaintiff recovered a verdict and judgment for $325 damages, and the defendant appealed. The general facts of the case are as follows : . The Chicago and Northwestern railway passes through Elgin on the west side of Fox river, in a northerly and southerly course, nearly parallel to, and…
1Opinion of the CourtJustice Sheldou
That considerable damage resulted to appellee from the freezing upon his premises of water which flowed thereon from the water tank of the company, is established by the proof. , It appears, too, that the damage was sustained in consequence of the freezing and the detention thereby .of the Avater; that but for that, the Avater would have floAvM down and off the premises Avithout injury. It is thence claimed that the damage was not the proximate result of the defendant’s act of turning the water upon the 'land, but of the freezing of the water, Avhich was the-act of God. But to claim exemption…
2Cases cited6 opinions
- City of Quincy v. JonesIllinois Supreme Court · 1875
- School District No. 8 v. LynchSupreme Court of Connecticut · 1866
- Illinois Central Railroad v. AllenIllinois Supreme Court · 1866
- Kimball v. LaddSupreme Court of Vermont · 1870
- Washburn v. GilmanSupreme Judicial Court of Maine · 1873
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3Cited by35 opinions
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- Dartnell v. BidwellSupreme Judicial Court of Maine · 1916
- Ohio & Mississippi Railway Co. v. ThillmanIllinois Supreme Court · 1892
- Reid v. GarnettSupreme Court of Virginia · 1903
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