Legal Opinion

City of Aurora v. Gillett

Illinois Supreme Court

Decided September 15, 1870PublishedCited by 18 opinions

Appeal from the Court of Common Pleas of the city of Aurora; the Hon. Richard G. Montony, Judge, presiding. This was an action on the case brought by William B. Gillett and Abner Bushee, against the city of Aurora, to recover damages resulting from the flooding of the basement of the Aurora House, in said city, occupied by the plaintiffs, in September, 1867, the flooding occurring, as is alleged, by reason of the gutters on both sides of Main street being filled up, and…

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Appeal from the Court of Common Pleas of the city of Aurora; the Hon. Richard G. Montony, Judge, presiding. This was an action on the case brought by William B. Gillett and Abner Bushee, against the city of Aurora, to recover damages resulting from the flooding of the basement of the Aurora House, in said city, occupied by the plaintiffs, in September, 1867, the flooding occurring, as is alleged, by reason of the gutters on both sides of Main street being filled up, and being otherwise defective. It appears that the Aurora House, which was being used as a hotel, stands on the north-east…

1Per curiam

The error relied upon for the reversal of the judgment in this case is the refusal of the court to give instructions asked for in behalf of the defendant. All the instructions have been carefully examined, those refused as well as those given. .Most of those refused contained objectionable features, which rendered their refusal proper. Some of them might have properly been given, but we think they were substantially embraced in the instructions that were given for the defendant. Taking all the instructions together, given on both sides, they very fairly laid down the law to the jury, as…

2Cases cited1 opinion

  1. Nevins v. City of PeoriaIllinois Supreme Court · 1866

3Cited by18 opinions

  1. Rigney v. City of ChicagoIllinois Supreme Court · 1881
  2. Ashley v. City of Port HuronMichigan Supreme Court · 1877
  3. Weis v. City of MadisonIndiana Supreme Court · 1881
  4. O'Brien v. City of St. PaulSupreme Court of Minnesota · 1878
  5. City of Chicago v. RumseyIllinois Supreme Court · 1877

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