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5 Ill. Ct. Cl. 189

Calhan v. State

Court of Claims of Illinois

Decided May 1, 1925

Court of Claims of Illinois · decided 1925-05-01

Decided 1925-05-01

Mr. Justice Leech

¶1delivered the opinion of the court:

¶2This claim comes before the court on a declaration filed by above named claimants, for damages by them sustained by reason of the overflow of the Illinois and Michigan canal, by the breaking of the south bank of said canal and the lock at Marseilles, in said canal, not being opened up in time to prevent the flood waters from accumulating and backing up, so that the lands of claimants was overflowed and their crops destroyed; that this flood occurred some time in the first part of the month of August, 1924, the reasonable value of the crop destroyed being $1442.50.

¶3The demurrer filed by the Attorney General of the State of Illinois, is as a matter of law, sustained.

¶4On the grounds of social justice and equity, we award claimant the sum of $1442.50.

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