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Butler v. Great Lakes Pipe Line Company

Appellate Court of Illinois
Jun 28, 1940
306 Ill. App. 297 (Ill. App. Ct. 1940)

Opinion

Gen. No. 9,543. (Abstract of Decision.)

Opinion filed June 28, 1940

DRAINAGE, § 466ditch obstructed by pipeline, evidence as to damage from overflow. Where construction of pipeline by defendant interfered with a drainage ditch, causing farm land of which plaintiff was a tenant to be flooded and interfering with corn crop, and settlement agreement provided that further sums should be paid if adjacent farm lands should yield an average of 60 bushels per acre while land in question did not yield 40 bushels per acre, testimony of witnesses as to such yield given 8 years later without reference to records was too indefinite to show that adjoining land did yield 60 bushels per acre.

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

Appeal from Circuit Court of Lee county; Hon. LEON A. ZICK, presiding.

Affirmed. Heard in this court at May term, 1940.

Fremont M. Kaufman, for appellant;

Fred E. Gardner, for appellee.


"Not to be published in full." Opinion filed June 28, 1940.


Summaries of

Butler v. Great Lakes Pipe Line Company

Appellate Court of Illinois
Jun 28, 1940
306 Ill. App. 297 (Ill. App. Ct. 1940)
Case details for

Butler v. Great Lakes Pipe Line Company

Case Details

Full title:Harry Butler, Assignee of S. A. Calhoun, Appellants, v. Great Lakes Pipe…

Court:Appellate Court of Illinois

Date published: Jun 28, 1940

Citations

306 Ill. App. 297 (Ill. App. Ct. 1940)
28 N.E.2d 550