Winters v. Winters

Appellate Court of Illinois

Winters v. Winters

78 Ill. App. 417, 1898 Ill. App. LEXIS 992

DecidedOctober 5, 1898

StatusPublished

This text of 78 Ill. App. 417 (Winters v. Winters) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Winters v. Winters, 78 Ill. App. 417, 1898 Ill. App. LEXIS 992 (Ill. Ct. App. 1898).

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Opinion

Opinion Per Curiam.

This writ of error is prosecuted in hopes of reversing an insignificant judgment of $10, recovered by defendant in error against plaintiff in error for causing a nuisance near the residence of the defendant in error.

The nuisance complained of was the setting of a grain threshing machine within 200 feet of the plaintiff’s dwelling and the threshing of grain there a whole day, whereby dust, chaff and smoke were blown into his house, to the annoyance of his family and the injury of his furniture. The plaintiff showed a clear right to recover, and the most serious error appearing in the record was suffered by him, and that is the trivial amount of damages allowed by the jury. Judgment affirmed.

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Opinion Per Curiam.

This writ of error is prosecuted in hopes of reversing an insignificant judgment of $10, recovered by defendant in error against plaintiff in error for causing a nuisance near the residence of the defendant in error.

The nuisance complained of was the setting of a grain threshing machine within 200 feet of the plaintiff’s dwelling and the threshing of grain there a whole day, whereby dust, chaff and smoke were blown into his house, to the annoyance of his family and the injury of his furniture. The plaintiff showed a clear right to recover, and the most serious error appearing in the record was suffered by him, and that is the trivial amount of damages allowed by the jury. Judgment affirmed.

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Bluebook (online)

78 Ill. App. 417, 1898 Ill. App. LEXIS 992, Counsel Stack Legal Research, https://law.counselstack.com/opinion/winters-v-winters-illappct-1898.