City of Paris v. Cracraft
Illinois Supreme Court
Appeal from the Circuit Court of Edgar county; the Hon. Oliver L. Davis, Judge, presiding. This was an action on the case, by Daniel R. Cracraft, against the city of Paris, for causing water to flow upon and injure the plaintiff’s premises, by the construction of an insufficient sewer along the same to carry off the water. The proof showed that the water formerly flowed, by a natural drain, through a lot of a Hr.
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Appeal from the Circuit Court of Edgar county; the Hon. Oliver L. Davis, Judge, presiding. This was an action on the case, by Daniel R. Cracraft, against the city of Paris, for causing water to flow upon and injure the plaintiff’s premises, by the construction of an insufficient sewer along the same to carry off the water. The proof showed that the water formerly flowed, by a natural drain, through a lot of a Hr. Jones, which he filled up, and, in- consequence thereof, a greater quantity of water was caused to flow through the sewer, which was not of sufficient capacity to carry off all the…
1Opinion of the CourtJustice Scott
There is some evidence in the record tending to show the damages suffered by plaintiff may have been occasioned, in part, at least, by the fact Jones had raised his lot in the immediate vicinity, by filling in dirt. If that is so, the injury to plaintiff’s premises was not caused wholly by the negligent conduct of the city. Instructions asked by defendant on that branch of the case presented the law fairly, and ought to have been given. It was error to award execution against the city, as was done. City of Bloomington v. Brokaw, 77 Ill. 194, and cases cited.
The judgment will be reversed and…
2Cases cited1 opinion
- City of Bloomington v. Brokaw & GregoryIllinois Supreme Court · 1875
3Cited by4 opinions
- United States ex rel. Portsmouth Sav. Bank v. Board of AuditorsUnited States Circuit Court · 1886
- City of Chicago v. RustinAppellate Court of Illinois · 1901
- Indian Grave Drainage District v. RootAppellate Court of Illinois · 1888
- Morrell v. City of PanaAppellate Court of Illinois · 1917