Maegerlein v. City of Chicago
Illinois Supreme Court
Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. R. W. Clifford, Judge, presiding.
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Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. R. W. Clifford, Judge, presiding. On July 12, 1907, William Maegerlein recovered a judgment for the sum of $3990 in the circuit court of Cook county against the city of Chicago, the appellee, for damages to certain personal property owned by Maegerlein, alleged to have been caused through the acts of the appellee, which resulted in a diversion of the surface water from Mary street, in that city, to and upon the premises of Maegerlein and under a building…
1Opinion of the CourtJustice Scott
No proof was offered which would sustain a recovery under the first or second count of the declaration, either as originally filed or as amended. In fact, those counts were abandoned by the plaintiff upon the trial. The third count first appears in the case as a count in the amended declaration filed on March 12, 1907, and it is now conceded that it states a cause of action other and different from the causes of action stated by the first and second counts, either as those counts were originally filed or as they were amended. To the amended declaration so filed on March 12 it was ordered that…
2Cases cited1 opinion
- Baker v. RailroadTennessee Supreme Court · 1901
3Cited by8 opinions
- Davis v. ChrispSupreme Court of Arkansas · 1923
- People ex rel. Nelson v. Central Manufacturing District BankAppellate Court of Illinois · 1940
- Stapleton v. O'HaraSupreme Court of Oklahoma · 1912
- Wende v. Chicago City Railway Co.Illinois Supreme Court · 1915
- Gatta v. Philadelphia, Baltimore & Washington Railroad Co.Superior Court of Delaware · 1910
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