{
  "id": 4988352,
  "name": "The Town of Lake v. John A. E. Bok",
  "name_abbreviation": "Town of Lake v. Bok",
  "decision_date": "1889-04-17",
  "docket_number": "",
  "first_page": "45",
  "last_page": "46",
  "citations": [
    {
      "type": "official",
      "cite": "33 Ill. App. 45"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "19 Ill. App. 64",
      "category": "reporters:state",
      "reporter": "Ill. App.",
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        4904617
      ],
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      "case_paths": [
        "/ill-app/19/0064-01"
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    {
      "cite": "49 Ill. 484",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        2603539
      ],
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      "case_paths": [
        "/ill/49/0484-01"
      ]
    },
    {
      "cite": "52 Ill. 158",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        5302673
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill/52/0158-01"
      ]
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  "last_updated": "2023-07-14T20:29:56.882977+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "The Town of Lake v. John A. E. Bok."
    ],
    "opinions": [
      {
        "text": "Gary, J.\nThis is an action by the appellee against the town for obstructing the flow of surface water from his land, by raising a street. This is a cause of action in this State, though great differences of opinion on the subject exist elsewhere. Gormley v. Sanford, 52 Ill. 158; Gillliam v. Madison R. R. Co., 49 Ill. 484; Angell on Watercourses, Sec. 108 et seq. The fact whether the land of appellee was affected,as he claimed, was settled by the verdict of the jury, upon conflicting evidence, in his favor.\nThere is in the case an erroneous instruction as to the measure of damages, which seems to have arisen by mere inadvertence, using \u201c and \u201d in place of \u201c or,\"\u2019 by which the jury are permitted to give to the appellee the cost of getting his crop to the state it was in, and the value of it as it was, instead of giving one or the other. But this instruction did no harm. If he was entitled to recover at all, no computation, based upon the testimony, could make his damages less than nearly or quite double all he has recovered. The judgment can not be disturbed. East St. Louis v. Flynn, 19 Ill. App. 64.\nJudgment affirmed.",
        "type": "majority",
        "author": "Gary, J."
      }
    ],
    "attorneys": [
      "Mr. R. P. Hollett, for appellant.",
      "Mr. Joseph H. Barker and Clifford, Smith & Fry, for appellee."
    ],
    "corrections": "",
    "head_matter": "The Town of Lake v. John A. E. Bok.\nMunicipal Corporations\u2014Raising Street Grade\u2014Floioage of Surface Water\u2014Obstruction of\u2014Damages\u2014Evidence\u2014Instructions.\nIn an action against a municipal corporation, to recover dam-iges for obstructing the flow of surface water by raising the grade of a street, this court holds that a harmless erroneous instruction touching the measure of damages can not be complained of, and declines to interfere with a verdict for the plaintiff.\n[Opinion filed April 17, 1889.]\nAppeal from the Circuit Court of Cook County; the Hon. Richard 8. T\u00fcthill, Judge, presiding.\nMr. R. P. Hollett, for appellant.\nMr. Joseph H. Barker and Clifford, Smith & Fry, for appellee."
  },
  "file_name": "0045-01",
  "first_page_order": 43,
  "last_page_order": 44
}
