Smith v. Wathen

Opinion of the Court by

Judge Carroll

Reversing on both, appeals.

W. T. Wathen as plaintiff brought this suit against E. E. Smith, Mrs. E. E. Smith, Mrs. C. F. Clements, the Illinois Central Eailroad Company and Union County, to recover damages for their alleged wrongful acts: in casting upon his land water that would not naturally flow upon it. For convenience Wathen will hereafter be styled the plaintiff and the defendants will be styled defendants.

*821In a . general way the conditions that brought about the litigation may be described as follows: In Union County there is a very fertile valley…