Citations
- 161 Ill. App. 90
Full opinion text
Mr. Presiding Justice Shirley
delivered the opinion of the court.
Appellee’s declaration containing three counts alleged in substance he was possessed of tracts of land adjoining on both sides a natural watercourse known as Crooked Creek; that appellant’s right of way extended along immediately west of and adjoining said land; that appellant had built and maintained a dam or embankment across the bed of said creek upon its premises, and below said land without any opening to permit the free passage of water and causing it to remain upon the lands in large quantities; that prior to the erection of the dam the lands had been of great value for agriculture and stock, raising purposes hut that said premises had become by reason of the building of the dam swampy, wet and unfit for such purpose or other valuable purpose; that by reason of raising water in the bed of the creek upon appellee’s lands that portion of the lands lying across said creek from the main part of the farm was inaccessible and the lands lying contiguous to the stream were flooded a large part of the year. There was evidence tending to prove that the erection by appellant of the dam resulted in making the lands affected swampy and less fit for agricultural purposes and in raising th