Legal Opinion

Town of Lake v. Bok

Appellate Court of Illinois

Decided April 17, 1889Published

Appeal from the Circuit Court of Cook County; the Hon. Richard 8. Tüthill, Judge, presiding.

1Opinion of the CourtGary, J.

This is an action by the appellee against the town for obstructing the flow of surface water from his land, by raising a street. This is a cause of action in this State, though great differences of opinion on the subject exist elsewhere. Gormley v. Sanford, 52 Ill. 158; Gillliam v. Madison R. R. Co., 49 Ill. 484; Angell on Watercourses, Sec. 108 et seq. The fact whether the land of appellee was affected,as he claimed, was settled by the verdict of the jury, upon conflicting evidence, in his favor.

There is in the case an erroneous instruction as to the measure of damages, which seems to have…

2Cases cited3 opinions

  1. Gillham v. Madison County RailroadIllinois Supreme Court · 1869
  2. Gormley v. SanfordIllinois Supreme Court · 1869
  3. City of East St. Louis v. O'FlynnAppellate Court of Illinois · 1886

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