Behrens v. Scharringhausen

Plaintiffs sued to restrain defendants from pumping percolating water from defendants’ gravel pit, claiming the use of large and powerful pumps is forcefully depleting the water supply of plaintiffs, both below and upon their farm lands. The decree dismissed the suit for want of equity at plaintiffs’ costs. Plaintiffs appeal.

Plaintiffs own and live on farm land in Cook County, Illinois, and derive their livelihood from their farms. A supply of water is essential for their livestock and crops, and their own personal daily requirements. They obtain water from sources beneath and upon their…