City of Paris v. Cracraft
Illinois Supreme Court
City of Paris v. Cracraft, 85 Ill. 294 (Ill. 1877)
Scott
City of Paris v. Cracraft
Opinion of the Court
delivered the opinion of the Court:
There is some evidence in the record tending to show the damages suffered by plaintiff may have been occasioned, in part, at least, by the fact Jones had raised his lot in the immediate vicinity, by filling in dirt. If that is so, the injury to plaintiff’s premises was not caused wholly by the negligent conduct of the city. Instructions asked by defendant on that branch of the case presented the law fairly, and ought to have been given. It was error to award execution against the city, as was done. City of Bloomington v. Brokaw, 77 Ill. 194, and cases cited.
The judgment will be reversed and cause remanded.
Judgment reversed.
Reference
- Full Case Name
- The City of Paris v. Daniel R. Cracraft
- Cited By
- 4 cases
- Status
- Published
- Syllabus
- 1. Damages—-for injury caused, in part, by third party. Where a city is sued for negligence in constructing a sewer of insufficient capacity to carry off all the water during heavy rains, whereby the plaintiff’s lot is flooded, if it appears that the injury was caused, in part, by the owner of an adjacent lot filling up the same, and stopping a natural drain, the city will not be liable for the entire damages sustained. 3. Cities—awarding execution. It is error to award an execution against a city.