COLWELL SYSTEMS, INC. v. HENSON

No. 4-82-0680.

117 Ill. App.3d 113 (1983)

452 N.E.2d 889

COLWELL SYSTEMS, INC., Plaintiff-Appellee, v. MAX HENSON, Defendant-Appellant.

Appellate Court of Illinois — Fourth District.

Opinion filed August 12, 1983.


Attorney(s) appearing for the Case

Ted Crewell, of Pelini, Crewell & Sheffler, of Urbana, for appellant.

Michael J. Tague, of Franklin, Flynn & Palmer, of Champaign, for appellee.


Reversed and remanded.

JUSTICE MILLER delivered the opinion of the court:

The Boneyard Creek runs through the plaintiff's and the defendant's adjacent tracts of land in Champaign. In 1971 the defendant, who is the upstream or dominant owner, replaced the natural channel of the creek with culverts, laying them side by side in the creek bed. In 1979 the plaintiff's basement was flooded, and the plaintiff sued, alleging that the defendant's culverts had caused...

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