VILLAGE OF FORREST v. NORFOLK & WESTERN RY. CO.

No. 4-85-0769.

146 Ill. App.3d 20 (1986)

496 N.E.2d 257

THE VILLAGE OF FORREST, Plaintiff-Appellee and Cross-Appellant, v. NORFOLK & WESTERN RAILWAY COMPANY, Defendant-Appellant and Cross-Appellee.

Appellate Court of Illinois — Fourth District.

Opinion filed July 17, 1986.


Attorney(s) appearing for the Case

Strock & Follmer, Ltd., of Pontiac (Robert P. Follmer, of counsel), for appellant.

Kinate & Morgan, of Fairbury (Gordon M. Kinate, of counsel), for appellee.


Affirmed in part and modified in part.

JUSTICE SPITZ delivered the opinion of the court:

Plaintiff brought an action in the circuit court of Livingston County to abate a public nuisance maintained by defendant. The circuit court held that plaintiff had acquired prescriptive rights to use a drainage structure passing under defendant's railroad tracks, and that the alteration of said drainage structure by defendant in 1974 caused floods two to three times per...

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