MEYERS v. KISSNER

No. 5-89-0567.

576 N.E.2d 1094 (1991)

217 Ill. App.3d 136

160 Ill.Dec. 140

Norman MEYERS, Plaintiff-Appellant and Cross-Appellee, v. George KISSNER and Glen Weaver, d/b/a Kissner & Weaver Farm Implement Co., and Owen Rainwater, Defendants-Appellees and Cross-Appellants.

Appellate Court of Illinois, Fifth District.

June 28, 1991.


Attorney(s) appearing for the Case

Tracy W. Resch, Parker, Siemer, Austin, Resch & Resch, Effingham, for plaintiff-appellant and cross-appellee.

G.W. Howard III, of counsel, Howard & Howard, Mt. Vernon, for George Kissner & Glen Weaver d/b/a Kissner & Weaver Farm Implement Co.

Edward Benecki, Gosnell, Benecki, Borden & Enloe, Ltd., Lawrenceville, for Owen Rainwater.


Justice HARRISON delivered the opinion of the court:

Defendants, George Kissner and Glen Weaver, d/b/a Kissner & Weaver Farm Implement Company, and Owen Rainwater, constructed earthen levees on their property which obstructed the natural flow of water and thereby caused injury to adjacent farmland owned by plaintiff, Norman Meyers. More than five years after the levees were constructed, plaintiff commenced this action against defendants in the circuit court of...

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