Ingals v. Plamondon
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. S. M. Hooke, Judge, presiding. This was a bill for an injunction to restrain appellees from closing up or interfering with a flue in the party wall between the residence of appellant and one in process of erection by appellees.
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Appeal from the Superior Court of Cook county; the Hon. S. M. Hooke, Judge, presiding. This was a bill for an injunction to restrain appellees from closing up or interfering with a flue in the party wall between the residence of appellant and one in process of erection by appellees. In the year 1868, John Crighton owned fifty feet of ground' upon the corner of Throop and Monroe streets, in Chicago, which was" divided into two twenty-five feet lots; and diming that year he built upon the north lot a three-story and basement brick house. The south wall was designed as a party Avail and was so…
1Opinion of the CourtJustice Sheldon
It appears from the evidence that the furnace in appellant’s house, which is used for the heating thereof, was set up and used by Crighton, its builder and the original owner of both the lots, as it is now erected; that it is not movable or portable, but is constructed so as to be permanent, being inclosed by a brick wall connected with the floor and basement wall; that the flue in question was especially planned and adapted for a smoke-escape and draft for the furnace; that there are besides a kitchen and laundry flue in the house, but that neither one of these can - be adapted or used for…
2Cases cited5 opinions
- Lampman v. . MilksNew York Court of Appeals · 1860
- Partridge v. . Gilbert and OthersNew York Court of Appeals · 1857
- Butterworth v. . CrawfordNew York Court of Appeals · 1871
- Janes v. JenkinsCourt of Appeals of Maryland · 1871
- Morrison v. KingIllinois Supreme Court · 1871
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- John Hancock Mutual Life Insurance v. PattersonIndiana Supreme Court · 1885
- Morris v. BluntUtah Supreme Court · 1916
- Wiesel v. SmiraSupreme Court of Rhode Island · 1928
- Whiting v. GaylordSupreme Court of Connecticut · 1895
- Frantz v. CollinsIllinois Supreme Court · 1961
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