Dwyer v. Village of Glen Ellyn

Full title: Edward C. Dwyer and Pauline Rose Dwyer, Husband and Wife, et al.…

Court: Appellate Court of Illinois

Date published: May 14, 1942

314 Ill. App. 572 (Ill. App. Ct. 1942)

41 N.E.2d 786

Opinion

Gen. No. 9,744. (Abstract of Decision.)

Opinion filed May 14, 1942

MUNICIPAL CORPORATIONS, § 275^_ — liability for flooding lands. Where, after a village installed a pavement and sewers, surface waters were diverted from their natural course and overflowed plaintiffs' lands, the village was liable in damages for the erosion and flooding of the lands, value of tile and labor costs, and for crop losses.

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

Appeal from Circuit Court of Du Page county; Hon. WILLIAM J. FULTON, presiding.

Judgment affirmed. Heard in this court at February term, 1942.

Robert J. Scott, for appellant;

Richard M. White, of counsel;

Wesley H. Westbrook, Richard F. Locke and Moses H. Kamerman, for appellees.

Opinion by JUSTICE DOVE.

"Not to be published in full." Opinion filed May 14, 1942.