Haisler v. Hayden
Appellate Court of Illinois
Action on the case to recover damages for overflow of water. Appeal from the County Court of Cook County; the Hon. A. J. Clarity, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1905.
1Opinion of the Court
Mr. Presiding Justice Smith
delivered the opinion of the court.
This is an appeal from a judgment of the County Court in an action to recover damages for an alleged overflow of water from appellant’s premises in the second story of a building in Chicago, upon appellee’s premises on the first floor of the same building.
The question before the court and jury was whether or not appellant, the defendant, was guilty of the negligence which caused the damage.
Appellee requested and the court gave the following instruction :
“2. The court instructs the jury that in this cause the plaintiff is entitled…
2Cases cited4 opinions
- City of Elgin v. NofsAppellate Court of Illinois · 1901
- Illinois Central R. R. v. SmiesniAppellate Court of Illinois · 1902
- Freeman Wire & Iron Co. v. CollinsAppellate Court of Illinois · 1894
- Felsenthal v. BlockAppellate Court of Illinois · 1881