Union Drainage District No. 6 of Towns of Bourbonnais & Manteno v. Manteno Limestone Co.

Defendants, Manteno Limestone Company, a corporation, and Alice Morgan Montgomery, are prosecuting this appeal from a decree of the circuit court of Kankakee county permanently enjoining defendants from permitting any percolating water from the quarry, operated by the defendant corporation on the lands owned and leased by defendant Alice Morgan Montgomery, from entering the drains of the plaintiff, Union Drainage District No. 6.

In adjudging whether the injunction was properly issued, this court must determine three major legal propositions: First, whether the operation of the defendant…