Payson v. Village of Milan, 160 Ill. App. 518 (1911)

March 16, 1911 · Illinois Appellate Court · Gen. No. 5444

160 Ill. App. 518

William H. Payson, Jr., Appellee, v. Village of Milan, Appellant.

Gen. No. 5444.

1. Appeals and errors—effect of former decision. The decision of the Appellate Court upon one appeal becomes the law of the case in all subsequent appeals.

2. Instructions—when need not sum up all issues. If an instruction does not conclude with a direction that the jury shall find one way or the other, it need not sum up all the issues in the cause. '

Action in case. Appeal from the Circuit Court of Rock Island county; the Hon. Emery C. Graves, Judge, presiding. Heard in this court at the October term, 1910.

Affirmed.

Opinion filed March 16, 1911.

Searle & Marshall, for appellant.

J. T. & S. R. Kenworthy and Thomas J. Welch, for appellee.

Mr. Justice Thompson

delivered the opinion of the court.

William H. Payson, Jr., brought suit against the village of Milan to recover damages averred to have resulted to the land of plaintiff by the construction of a levee and ditch by the federal authorities upon and along Water street in said village in front of his land, whereby water was confined upon his land and his right of ingress and egress impeded. On the first trial a verdict was returned in favor of the defendant on which judgment was rendered. Upon an appeal by the plaintiff, this court reversed and remanded the case because of the refusal of the trial court to admit in evidence a certain resolution passed by the village of Milan authorizing the construction of the work. Payson v. Village of Milan, 144 Ill. App. 204. The opinion there filed states the facts and circumstances out of which the suit arises. Upon a second trial there was a verdict in favor of the plaintiff for $500 and later a judgment for $518.82, the amount of the verdict and interest thereon. The defendant prosecutes this appeal.