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FOSTER v. HEITZMAN

No. 11782.

10 Ill. App.3d 534 (1973)

294 N.E.2d 705

CHARLES E. FOSTER et al., Plaintiffs-Appellants, v. RAYMOND J. HEITZMAN, Defendant-Appellee.

Appellate Court of Illinois — Fourth District.

April 2, 1973.

Attorney(s) appearing for the Case

Carlon & Carlon, of Normal, (Patricia A. Carlon, of counsel,) for appellants.

Heyl, Royster, Voelker & Allen, of Peoria, (James B. Lewis, of counsel,) for appellee.

Judgment affirmed.

Mr. JUSTICE TRAPP delivered the opinion of the court:

Plaintiffs, who are landlord and tenant respectively, sued for damages to their standing corn allegedly caused by defendant's cattle. Following a jury verdict, judgment was entered for defendant. Plaintiffs' post-trial motions were denied and they appeal.

Defendant kept some 35 cows and calves in a 120 acre pasture. Defendant also had land held in "diverted acres" lying between...

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