City of Kewanee v. Otley
Illinois Supreme Court
Appeal from the Circuit Court of Henry county; the Hon. Frank D. Ramsay, Judge, presiding. This action was begun at the November term of the circuit court of Henry county, 1900, and is a bill for injunction against the city of Kewanee to restrain it from discharging certain offensive sewerage upon the lands of appellees, which adjoin said city on the east.
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Appeal from the Circuit Court of Henry county; the Hon. Frank D. Ramsay, Judge, presiding. This action was begun at the November term of the circuit court of Henry county, 1900, and is a bill for injunction against the city of Kewanee to restrain it from discharging certain offensive sewerage upon the lands of appellees, which adjoin said city on the east. The bill alleges that a stream of water has its source upon the tract of land upon which the city is located, and in the natural course of drainage flows across the lands of appellees described in the bill; that the stream in its natural…
1Opinion of the CourtJustice Ricks
Counsel for appellant argue that the allegations of complainants’ bill are of such a general nature that the aid of equity cannot be invoked in behalf of appellees; that the injury complained of is simply a pecuniary one, susceptible of being compensated by a judgment for damages, and hence the allegations are not such as will sustain a bill in equity seeking an injunction. The whole contention seems to be that the case presented is not one for equitable interference.
The master to whom the case was referred, found that upon the tract of land upon which said city is located a stream of water…
2Cases cited13 opinions
- Webb v. Portland Manuf'g Co.U.S. Circuit Court for the District of Maine · 1838
- Platt Bros. v. City of WaterburySupreme Court of Connecticut · 1900
- Pifer v. BrownWest Virginia Supreme Court · 1897
- Village of Dwight v. HayesIllinois Supreme Court · 1894
- Barrett v. Mount Greenwood Cemetery Ass'nIllinois Supreme Court · 1896
8 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Johnston v. City of GalvaIllinois Supreme Court · 1925
- Bondy v. SamuelsIllinois Supreme Court · 1929
- Beidler v. Sanitary DistrictIllinois Supreme Court · 1904
- Weingart v. WeingartAppellate Court of Illinois · 1959
- Cook v. City of Du QuoinAppellate Court of Illinois · 1930
15 more not listed; retrieve them via the Exa API.