Reimer v. Leahy

Defendant, James Leahy, appeals from the judgment of the circuit court of Boone County in favor of plaintiff, Thomas Reimer, in the amount of $762.69, for defendant’s share of the cost of repair of a mutual drainage system.

Defendant raises one issue on appeal: whether an owner of property owes a duty, pursuant to the Illinois Drainage Code (Ill. Rev. Stat. 1989, ch. 42, par. 1 — 1 et seq.), to make a monetary contribution to a neighbor for his unilateral repair of a mutual drainage system running through both properties.

On October 12, 1989, plaintiff filed a small claim complaint alleging…