The Ottawa Gas-Light v. Thompson
| Decision Date | 30 April 1864 |
| Citation | 1864 WL 3161,39 Ill. 598 |
| Parties | THE OTTAWA GAS-LIGHT AND COKE COMPANYv.DARLIN THOMPSON. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
APPEAL from the Circuit Court of La Salle county; the Hon. WILLIAM CHUMASERO, Judge, presiding.
The opinion of the Court contains a sufficient statement of the case.
Mr. J. B. RICE, for the appellants.
Messrs. GRAY, AVERY & BUSHNELL, and Messrs. LELAND & BLANCHARD, for the appellee.
This was an action on the case brought by the plaintiff below against the defendant below on the 26th of December, 1860, for injury to the water of plaintiff's well, occasioned by defendant having “suffered to flow from its gas works, and to be deposited and placed in and around and near the same, certain noxious and offensive substances and materials used in and about the manufacture of gas and coke, and also certain oily, tarry, resinous, gaseous, and deleterious substances and materials so used in said manufacture, which said substances and materials were absorbed by and entered into the earth and permeated, passed and flowed along and through the earth and into said well of water of said plaintiff, and mingling with the water with which said well was supplied, spoiled the water of said well.
The plaintiff also complained, in his declaration, of certain smells, smokes, etc., caused by the manufacture of gas, so annoying as to be a nuisance, rendering his premises uncomfortable for habitation. The jury found a verdict for the plaintiff of four hundred and fourteen dollars. A motion for a new trial was overruled, and the case brought here by appeal on a bill of exceptions.
The appellants make the point, first, that the plaintiff cannot recover in this action for the injury to the well; and, second, that the nuisance complained of was a public nuisance, for which no action lies by a private individual. Being a public nuisance it must be proceeded against by indictment.
On a former hearing of this cause we were of opinion this position was correct, and reversed the judgment. A rehearing having been granted, we have re-examined the question and find considerable conflict in the authorities. We now incline to the opinion that the weight of authority is in favor of the action; that such a nuisance as is alleged in the declaration comes properly under the denomination of a private nuisance, and therefore actionable.
On the first point we are of the opinion heretofore expressed. The injury to the well and the nuisance are coupled together in both counts of the declaration, so that it is impossible to know for which alleged injury the jury found their verdict,...
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