GROSS v. VILLAGE OF NILES, 313 Ill. App. 263 (1942)

39 N.E.2d 720

Gen. No. 41,664. (Abstract of Decision.)Appellate Court of Illinois, First District.
Opinion filed February 10, 1942 Rehearing denied February 25, 1942

APPEAL AND ERROR, § 82.1[*] — order overruling motions as final judgment. In an action to recover damages to land through flooding by reason of an obstructed culvert, wherein the jury was unable to agree, and the defendants had entered motions for directed verdict and for judgment in the course of trial, which were overruled in a consolidated order, none of the rights of the parties were adjudicated by the order and the order was not final and appealable.

Appeal from Circuit Court of Cook county; Hon. JOHN T. CUMMINGS, presiding.

Heard in second division, first district, this court at April term, 1941.

Henry L. Wells, for certain appellant; Maloney Wooster, for certain other appellant;

Herman Pollak, for certain other appellant;

Henry L. Wells, Charles C. Wooster, Harold L. Summerfield, Edward M. Herman and B.L. Pollak, of

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counsel;

David H. Kraft, Clarence W. Shaeffer and George F. Rutledge, for appellees;

David H. Kraft, of counsel.

Opinion by JUSTICE FRIEND.

“Not to be published in full.” Opinion filed February 10, 1942; rehearing denied February 25, 1942.