Winn v. Underwood

Full title: William T. Winn et al., Appellants, v. Augusta Underwood per se, as Widow…

Court: Appellate Court of Illinois

Date published: May 25, 1948

335 Ill. App. 119 (Ill. App. Ct. 1948)

80 N.E.2d 392

Opinion

Term No. 48F9. (Abstract of Decision.)

Opinion filed May 25, 1948 Released for publication July 20, 1948

MINES AND MINERALS, § 88^_ — insufficiency of evidence of trespass. In action for damages from alleged trespass to plaintiffs' real estate by mining operations conducted from shaft located on defendants' land, which was separated from plaintiffs' land by a road, evidence was insufficient to sustain judgment finding certain defendants guilty of trespass, and hence Appellate Court was bound to reverse that judgment.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from the Circuit Court of Hardin county; the Hon. CHARLES T. RANDOLPH, Judge, presiding.

Affirmed in part, and reversed in part. Heard in this court at the May term, 1948.

Grover E. Holmes and Clyde L. Flynn, Jr., for appellants;

Bartley Karber and Clyde A. Whiteside, for appellees.

Opinion by JUSTICE SCHEINEMAN.

Not to be published in full. Opinion filed May 25, 1948; released for publication July 20, 1948.