Peotone & Manteno Union Drainage District No. 1 v. Adams
Illinois Supreme Court
Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of Will county; the Hon. Dorrance Dibell, Judge, presiding.
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Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of Will county; the Hon. Dorrance Dibell, Judge, presiding. This is an appeal from the judgment of the Appellate Court for the Second District, affirming the judgment of the circuit court of Will county The judgment of the circuit court awarded a peremptory writ of mandamus to compel the appellant, the drainage district, to deepen, alter and change a certain drain constructed by it, so as to furnish appellee, the petitioner below, a sufficient outlet for the drainage of his land…
1Opinion of the CourtJustice Craig
On the trial of this case in the circuit court the jury found the facts against the appellant. They found that the lands of John Adams, the appellee, cannot be drained into the outlet provided by the drainage district. That finding was approved by the Appellate Court. In speaking of the evidence on this branch of the case the Appellate Court said: “We are of the opinion that it sufficiently appears that appellee had necessity for a tile-drain on his own land for near a quarter of a mile, and that the fall was nothing on his land toward the main tile-drain, but in that distance the fall was…
2Cases cited1 opinion
- Brokaw v. Commissioners of HighwaysIllinois Supreme Court · 1889
3Cited by23 opinions
- People ex rel. Vaughn v. WelchIllinois Supreme Court · 1911
- Binder v. LanghorstIllinois Supreme Court · 1908
- Mooney v. Drainage District No. 1Nebraska Supreme Court · 1934
- Langan v. Milk's Grove Special Drainage District No. 1Illinois Supreme Court · 1909
- People ex rel. Moody v. HenryIllinois Supreme Court · 1908
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