Swantz v. Muller
Appellate Court of Illinois
Appeal from the Superior Court of Cook County; the Hon. Elliott Anthony, Judge, presiding. This is an action by appellant against appellee to recover damages for continuing and maintaining a certain dam by appellee on his land, by reason of which, it is alleged, the surface waters and watercourses flowed therefrom out of their natural courses upon land of appellant, injuring his orchard, land and barn, and interfering with his business of farming.
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Appeal from the Superior Court of Cook County; the Hon. Elliott Anthony, Judge, presiding. This is an action by appellant against appellee to recover damages for continuing and maintaining a certain dam by appellee on his land, by reason of which, it is alleged, the surface waters and watercourses flowed therefrom out of their natural courses upon land of appellant, injuring his orchard, land and barn, and interfering with his business of farming. The declaration, as amended, contained the usual averments, reciting that he was the owner and possessor of certain lands, together with a certain…
1Per curiam
The substance of appellant’s complaint is the depreciation in value of his land. For that injury he once before sought redress in a similar action. By the showing made in his declaration now before the court, he claimed damages for this identical cause of action in the former suit, and the jury awarded him the sum of one cent. The declaration does not even aver that the question of depreciation was not submitted to the jury in the first case. The allegation, if it were material, can not be supplied by presumption. The failure of the jury to award substantial damages in the first trial, does…
2Cases cited3 opinions
- Beloit v. MorganSupreme Court of the United States · 1869
- Ohio & Mississippi Railway Co. v. WachterIllinois Supreme Court · 1888
- Chicago, Burlington & Quincy Railroad v. SchafferIllinois Supreme Court · 1888
3Cited by1 opinion
- Chicago Forge & Bolt Co. v. SancheAppellate Court of Illinois · 1889