O'BRIEN v. CITY OF O'FALLON

No. 79-122.

80 Ill. App.3d 841 (1980)

400 N.E.2d 456

ROBERT F. O'BRIEN et al., Plaintiffs-Appellees, v. THE CITY OF O'FALLON, Defendant-Appellant.

Appellate Court of Illinois — Fifth District.

Opinion filed January 10, 1980.


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 appellees.


Judgment affirmed.

Mr. PRESIDING JUSTICE JONES delivered the opinion of the court:

Defendant city appeals a judgment entered upon a jury verdict for $30,000 in an action for nuisance brought by plaintiffs-homeowners. Plaintiffs' action was founded upon contamination of a private lake by raw sewage from defendant's sanitary sewer system purposefully discharged by defendant's employees.

Defendant presents two issues for review: "* * * whether the Trial...

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