Eachus v. Trustees of Illinois & Michigan Canal
Illinois Supreme Court
This action was brought in the Cook county Court of Common Pleas, to recover damages for backwater, resulting from a dam erected in Will county for the purpose of feeding the Illinois and Michigan canal with the water of Calumet river. The land injured is alleged to be in Lake county, Indiana, and was the property of Mary Eachus, the mother of this plaintiff, who claims damages as her heir at law.
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This action was brought in the Cook county Court of Common Pleas, to recover damages for backwater, resulting from a dam erected in Will county for the purpose of feeding the Illinois and Michigan canal with the water of Calumet river. The land injured is alleged to be in Lake county, Indiana, and was the property of Mary Eachus, the mother of this plaintiff, who claims damages as her heir at law. To the declaration a general and special demurrer to each count was filed, and the demurrer sustained in the court below, and from that decision this writ of error is brought. The demurrers were…
1Opinion of the CourtScates, C. J.
The plaintiff complains in case for flooding his lands in Indiana, in the lifetime of his mother, and continuing the same since her decease and their descent to him, by the erection of a dam upon the Calumet river to his damage ¡$2,500. Objections were taken by demurrer, which was sustained, to the right to sustain an action in Cook county and the direction of a summons to Will county, where defendants keep the office of canal trustees, and to the right to maintain suit in Illinois for injuries to real estate in Indiana.
Without discussing the former objection, we are clearly of opinion that…
2Cases cited1 opinion
- Sumner v. FineganMassachusetts Supreme Judicial Court · 1818
3Cited by12 opinions
- Lakeside Irrigation Co. v. Markham Irrigation Co.Texas Supreme Court · 1926
- Deseret Irrigation Co. v. McIntyreUtah Supreme Court · 1898
- White v. Rio Grande Western Railway Co.Utah Supreme Court · 1903
- Mannville Co. v. City of WorcesterMassachusetts Supreme Judicial Court · 1884
- Oliver v. LoyeMississippi Supreme Court · 1881
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