BEHRENS v. SCHARRINGHAUSEN

Gen. No. 47,615.

22 Ill. App.2d 326 (1959)

161 N.E.2d 44

Herman J. Behrens et al., Plaintiffs-Appellants, v. Leonard A. Scharringhausen and Evelyn J. Scharringhausen, Defendants-Appellees.

Appellate Court of Illinois — First District, Second Division.

Released for publication September 29, 1959.


Attorney(s) appearing for the Case

George C. Rabens and Emanuel Gordon, of Chicago, for plaintiffs-appellants.

Hoffman & Davis and A.F. Wild, of Chicago, for defendants-appellees.


JUSTICE MURPHY delivered the opinion of the court.

Plaintiffs sued to restrain defendants from pumping percolating water from defendants' gravel pit, claiming the use of large and powerful pumps is forcefully depleting the water supply of plaintiffs, both below and upon their farm lands. The decree dismissed the suit for want of equity at plaintiffs' costs. Plaintiffs appeal.

Plaintiffs own and live on farm land in Cook County, Illinois, and derive their livelihood...

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