Larson v. Village of Capron

Mr. PRESIDING JUSTICE SEIDENFELD

delivered the opinion of the court:

Defendant, Village of Capron, appeals from a judgment enjoining it from discharging its sewage effluent into a tile running through the land of plaintiffs, and awarding damages to certain plaintiffs.

Plaintiffs are owners of farmland generally to the west of the Village, between the Village and Beaver Creek. Somewhat over fifty years ago, Libby, McNeil & Libby, a cheese factory, installed a 12 inch tile with open joints (characterized as “Field Tile”) through plaintiffs’ lands for the purpose of carrying off water and waste. It…