Dial v. City of O'Fallon

Following a jury trial in the circuit court of St. Clair County, the defendant, the city of O’Fallon, was found liable to the plaintiff, Geraldine Dial, for causing sewer water to back up into the plaintiff’s house. Mrs. Dial was awarded $23,000 in damages. The appellate court affirmed the judgment of the trial court. (75 Ill. App. 3d 782.) We granted leave to appeal.

The defendant raises two issues on appeal. The primary issue is whether the city’s conduct was sufficient to constitute a trespass to land. The second issue is whether the trial court erred in denying the defendant the right to…