Reports of the Cases Decided in the Appellate Court of Indiana Volume 21

Reports of the Cases Decided in the Appellate Court of Indiana Volume 21

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1899 edition. Excerpt: ... as afterwards. It was at all times the duty of the city to provide reasonably sufficient means of escape for the water, for the escape of which it had created the necessity, and its failure to perform that duty would give right to successive actions for recurring injuries to the adjacent proprietor without regard to the time of his purchase of the premises. The presence and condition of the water as described in the complaint at any time was a nuisance, to remove which it was the duty of the city to exercise reasonable diligence and skill. The failure to perform such duty was shown to have injured the adjacent resident proprietor. In Mellor v. Pilgrain, 3 Ill. App. 476, it was held that where drains are so constructed as to collect surface water upon one's land, and to discharge it in a body upon a neighbor's land, the wrong is a continuing nuisance, and successive actions may be sustained. The conditions produced by the appellant which resulted in the alleged injuries cannot be regarded as an effect accomplished by a permanent lawful improvement, negligently constructed, for which all damages must be recovered by the person owning the adjacent property at the time of the improvement of the alley. It is not to be presumed that the city will continue indefinitely to maintain such a condition, injurious not merely to property owners immediately adjacent, but also to all residing within reach of the offensive and unwholesome vapors so produced, or that it will not provide reasonable means whereby the waters so collected will cease to be thrown back upon adjacent private property; nor can the plaintiff, by bringing such an action as this, be regarded as accepting such a condition as permanent. and agreeing that it is never to more

Product details

  • Paperback | 240 pages
  • 189 x 246 x 13mm | 435g
  • United States
  • English
  • black & white illustrations
  • 1236909283
  • 9781236909282