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DIAL v. CITY OF O'FALLON

No. 78-373.

75 Ill. App.3d 782 (1979)

394 N.E.2d 84

GERALDINE DIAL, Plaintiff-Appellee, v. THE CITY OF O'FALLON, Defendant-Appellant.

Appellate Court of Illinois — Fifth District.

Opinion filed August 30, 1979.

Attorney(s) appearing for the Case

Joel V. Merkel, of O'Fallon, for appellant.

Jack Carey and Jeanne Sathre, both of Cohn, Carr, Korein, Kunin, Schlichter and Brennan, of East St. Louis, for appellee.

Judgment affirmed.

Mr. JUSTICE KUNCE delivered the opinion of the court:

A jury in the Circuit Court of St. Clair County awarded plaintiff-appellee Geraldine Dial the sum of $23,000 as damages occasioned by the backup of sewage into her home from a sanitary sewer system operated by the defendant-appellant, the City of O'Fallon. The city filed a post-trial motion seeking in the alternative a new trial, a reduction in the amount of damages awarded, or a judgment...

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