{
  "id": 5340083,
  "name": "George Johnston, Claimant, vs. State of Illinois, Respondent",
  "name_abbreviation": "Johnston v. State",
  "decision_date": "1951-03-09",
  "docket_number": "No. 4282",
  "first_page": "242",
  "last_page": "243",
  "citations": [
    {
      "type": "official",
      "cite": "20 Ill. Ct. Cl. 242"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. Ct. Cl.",
    "id": 8793,
    "name": "Illinois Court of Claims"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "49 Ill. 484",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        2603539
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill/49/0484-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 191,
    "char_count": 2357,
    "ocr_confidence": 0.602,
    "pagerank": {
      "raw": 4.03580807328026e-08,
      "percentile": 0.15811964326877745
    },
    "sha256": "333c6880095f58f963a4474bcfc2f8a6c82fc750874fb8133ad560a2ee84dc6b",
    "simhash": "1:182a725da17f3ac9",
    "word_count": 394
  },
  "last_updated": "2023-07-14T22:49:12.522107+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "George Johnston, Claimant, vs. State of Illinois, Respondent."
    ],
    "opinions": [
      {
        "text": "Lansden, J.\nGeorge Johnston, claimant, filed his claim herein on March 17, 1950, for damages sustained by him in loss of crops and damages to his house, as a result of the flooding of his property during the year 1949 and early 1950, which he alleges occurred as a result of the negligence of the respondent in failing to keep tile across its property free and unobstructed. The claimant was the owner of five acres located in the Northeast quarter of Section seven, Township thirty North, Range thirteen West of the 2nd P. M. situated in Kankakee County, Illinois, which land adjoins respondent\u2019s land on the west, except that they are separated by Illinois State Highway No. 49.\nClaimant\u2019s lands dominant to those of respondent as regards surface drainage, and until about 1912 this area was traversed and drained by natural water course known as Little Brainard Creek. This area is also within the Gar Creek Drainage District of Kank\u00e1kee County, and about 1912 the District installed an artificial water course, covered tile, across the lands now owned by claimant, and to the outlet to the Kankakee River.\nRespondent laid the tile across its lands in 1912, being on the premises of the Kankakee State Hospital. The tile connected with that from claimant\u2019s lands at an inlet at the boundary of the grounds of the institution, and carried water ultimately to the Kankakee River.\nRespondent\u2019s lands being servient to those of claimant, the former has a legal duty not to obstruct the flow of water from claimant\u2019s lands. Gilman v. Madison, R. R. Co., 49 Ill. 484.\nThe evidence shows that such inlet is considerably lower than claimant\u2019s lands, and that, when the tile on respondent\u2019s premises is blocked, water bubbles out of the manhole at the top of the inlet and floods respondent\u2019s lands. During no part of 1949 and 1950 did water boil out of such inlet and flood any part of respondent\u2019s lands.\nWe, therefore, conclude that the obstruction, if any, causing the alleged flooding of claimant\u2019s land was not on respondent\u2019s lands, and any award must be denied.\nAn award to claimant, George Johnston, is denied.",
        "type": "majority",
        "author": "Lansden, J."
      }
    ],
    "attorneys": [
      "Thomas A. Burns, Attorney for Claimant.",
      "Ivan A. Elliott, Attorney General; William H. \u25a0 Sumpter, Assistant Attorney General, for Respondent.."
    ],
    "corrections": "",
    "head_matter": "(No. 4282\nGeorge Johnston, Claimant, vs. State of Illinois, Respondent.\nOpinion filed March 9, 1951.\nThomas A. Burns, Attorney for Claimant.\nIvan A. Elliott, Attorney General; William H. \u25a0 Sumpter, Assistant Attorney General, for Respondent.."
  },
  "file_name": "0242-01",
  "first_page_order": 266,
  "last_page_order": 267
}