Nelson v. Godfrey
Illinois Supreme Court
This was an action of trespass on the case, brought by plaintiff in .error against the defendant in error in the Madison Circuit Court.
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This was an action of trespass on the case, brought by plaintiff in .error against the defendant in error in the Madison Circuit Court. The declaration contained several counts, as follows: The first count states that plaintiff was possessed of a warehouse, in the city of Alton, containing goods, and merchandise; that defendant, being possessed of a lot near said warehouse, did, ¡on an subsequently to the 1st day of May, 1850, dig a cellar upon said lot, in so careless and negligent a manner, that on the 23d of May, 1850, a large quantity of rain water flowed into the same, and from thence…
1Opinion of the CourtCaton, J.
This action, was brought to recover damages resulting to the plaintiff by reason of an excavation for a coal cellar, made by the defendant, in the sidewalk in front of his premises on State street, in the city of Alton, through which the water from the gutter of the street passed into the defendant’s cellar, and thence through several other cellars, into that of the plaintiff, and did the damage complained of. We think the plaintiff was clearly entitled to recover, and had the jury understood the law as applicable to the case, they could not have avoided rendering a verdict in his favor.
The…
2Cited by15 opinions
- Babbage v. . PowersNew York Court of Appeals · 1891
- Gridley v. City of BloomingtonIllinois Supreme Court · 1873
- Sears v. City of ChicagoIllinois Supreme Court · 1910
- McDonald v. EnglishIllinois Supreme Court · 1877
- Gregsten v. City of ChicagoIllinois Supreme Court · 1893
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