{
  "id": 2962022,
  "name": "Matthew Kerber, Appellant, v. Claus Stroh, Appellee",
  "name_abbreviation": "Kerber v. Stroh",
  "decision_date": "1916-04-21",
  "docket_number": "",
  "first_page": "272",
  "last_page": "273",
  "citations": [
    {
      "type": "official",
      "cite": "201 Ill. App. 272"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
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    "char_count": 2160,
    "ocr_confidence": 0.547,
    "pagerank": {
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    "sha256": "7f8b0302bfdb2236ee26f9daa7f86ec52106bcd607748a074053745f4f779ae2",
    "simhash": "1:91038ffeddd1a151",
    "word_count": 357
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  "last_updated": "2023-07-14T15:52:04.845486+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Matthew Kerber, Appellant, v. Claus Stroh, Appellee."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Graves\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Justice Graves"
      }
    ],
    "attorneys": [
      "Livingston & Bach, for appellant.",
      "Sterling & Whitmore, for appellee."
    ],
    "corrections": "",
    "head_matter": "Matthew Kerber, Appellant, v. Claus Stroh, Appellee.\n(Not to be reported in full.)\nAppeal from the Circuit Court of McLean county; the Hon. Colostin D. Myers, Judge, presiding. Heard in this court at the October term, 1915.\nAffirmed.\nOpinion filed April 21, 1916.\nRehearing denied June 30, 1916.\nStatement of the Case.\nBill for injunction filed by Matthew Kerber, complainant, against Claus Stroh, defendant, to enjoin the defendant from erecting and maintaining dikes along a drainage ditch on his land so as to cause drainage waters to back up on the complainant\u2019s land. From a decree for complainant, defendant appeals.\nTwenty years before the filing of the bill the complainant\u2019s grantor and the defendant had by agreement constructed a drainage ditch over the defendant\u2019s land, draining a pond situated partly on his land and partly on that of the complainant, who was an upper proprietor. Thereafter the defendant, in order to prevent the water from such ditch overflowing his land, constructed dikes along the ditch, which, owing to its inadequate size, caused the water to set back on the complainant\u2019s land.\nLivingston & Bach, for appellant.\nAbstract of the Decision.\nWaters and water courses, \u00a7 22 \u2014when construction of dikes may he enjoined hy upper riparian owner. Where a ditch across a lower proprietor\u2019s land had served to drain the land of an upper proprietor for over twenty years, held that the latter could enjoin the former from building and maintaining dikes constructed within twenty years along the bank of the ditch so as to prevent waters therefrom from overflowing his land, it appearing that the dikes caused the water to back up on the upper proprietor\u2019s land, owing to the insufficiency of the ditch to take care of the entire flow, since the upper proprietor had the right to have such excess water as the ditch could not take care of, flow over the lower proprietor\u2019s land, as it had done before any artificial construction had been made.\nSterling & Whitmore, for appellee.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0272-01",
  "first_page_order": 314,
  "last_page_order": 315
}