Druley v. Adam
Illinois Supreme Court
Appeal from the Appellate Court for the Second District;— heard in that- court on appeal from the Circuit Court of "Will county; the Hon. Josiah McBobebts, Judge, presiding. This was an action on the ease, by appellee against appellant, for diverting the water in the Desplaines river from the plaintiff’s mill. There was a plea of not guilty, with notice of special matter, embracing the evidence relied upon in defence.
Read the full summary
Appeal from the Appellate Court for the Second District;— heard in that- court on appeal from the Circuit Court of "Will county; the Hon. Josiah McBobebts, Judge, presiding. This was an action on the ease, by appellee against appellant, for diverting the water in the Desplaines river from the plaintiff’s mill. There was a plea of not guilty, with notice of special matter, embracing the evidence relied upon in defence. Judgment was rendered in the circuit court for appellant, and from this an appeal was taken to the Appellate Court for the Second District, and that court reversed the judgment…
1Opinion of the CourtJustice Scholfield
Appellee is owner, by grant from Philo A. and Orlando H. Haven, of the property, the water rights upon which were the subject of litigation in Canal Trustees v. Haven, reported in 5 Gilm. 548, and, when again before this court, in 11 Ill. 554. Whatever water rights affecting that property they could convey, he owns. Appellant’s right to draw water from the canal to propel his machinery, is derived from a lease, executed many years subsequent to 1852, by the Board of Canal Commissioners,—who are successors in trust to the Board of Trustees of the Illinois and Michigan Canal. Possession by…
2Cases cited10 opinions
- Atchison v. PetersonSupreme Court of the United States · 1874
- Parker v. GriswoldSupreme Court of Connecticut · 1845
- Board of Trustees v. HavenIllinois Supreme Court · 1850
- Irwin v. PhillipsCalifornia Supreme Court · 1855
- Butte Canal & Ditch Co. v. VaughnCalifornia Supreme Court · 1858
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- City of Spring Valley v. Spring Valley Coal Co.Illinois Supreme Court · 1898
- People ex rel. Deneen v. Economy Light & Power Co.Illinois Supreme Court · 1909
- E. Clemens Horst Co. v. New Blue Point Mining Co.California Supreme Court · 1918
- Moline Water Power Co. v. CoxIllinois Supreme Court · 1911
- Pearce v. OstermanIllinois Supreme Court · 1931
7 more not listed; retrieve them via the Exa API.