Franks v. City of Aurora

Opinion by

Mr. Justice Doyle.

The controversy before us arises from an action in which three plaintiffs, landowners, claimed damages for flooding from the plaintiffs in error and the City of Aurora, named as a co-defendant. In that cause the City of Aurora (here referred to as Aurora or City) filed a cross claim against the plaintiffs in error (here referred to as defendants). All issues in the case were settled except those between Aurora and the defendants. This latter litigation resulted in a judgment in favor of Aurora and against defendants in the amount of $4,000.

The facts are not…