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Evans v. Merriweather

Supreme Court of Illinois
3 Scam. (4 Ill.) 492 (1842)

Written by Melanie Moultry, JD

Facts

Merriweather (plaintiff) and John Evans (defendant) owned adjoining properties that shared a stream. Merriweather’s property was located downstream from Evans’s property. Each property contained a steam mill and a well. Each steam mill depended upon the stream and a well to run the mill’s engine. Following a drought, the stream was insufficient to provide enough water to operate Evans’s mill. In order continue the mill’s operation, Evans’s laborer created a dam that diverted all the stream water to Evans’s well. As a result of the diversion, the portion of the stream that ran through Merriweather’s property went dry, and Merriweather’s mill could not run more than one day a week. Merriweather sued Evans for obstructing and diverting a water course. A verdict was entered in favor of Merriweather, who was awarded $150 in damages. Evans appealed.

Rule of Law

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Issue

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Holding and Reasoning (Lockwood, J.)

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A "yes" or "no" answer to the question framed in the issue section;
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The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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