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Missouri v. Illinois | 200 U.S. 496 (1906)

Typhoid infections from contaminated water in the United States have decreased dramatically due to advances in science and medicine. However, typhoid infections caused by sewage contaminated water was a major public health crisis in the early twentieth century. In Missouri versus Illinois, we’ll see if the state of Illinois created a public nuisance and caused increased typhoid infections in Missouri when it began discharging untreated sewage downstream.

In nineteen hundred, the City of Chicago began discharging untreated sewage through a newly constructed channel. The channel carried the sewage over three hundred fifty miles from the Chicago River southwest to the Des Plaines River, eventually emptying into the Mississippi River above Saint Louis, Missouri. Many cities in Missouri relied on the Mississippi River for drinking water and agricultural needs. The state of Missouri believed that this new influx of untreated sewage was traveling down the Mississippi and was the direct cause of a seventy seven percent increase in typhoid deaths over a four year period since the construction of the channel.

Missouri sued Illinois in the United States Supreme Court, claiming that Illinois was creating a public nuisance by discharging untreated sewage into the waterways. For the sake of the health of Missouri residents, Missouri requested that Illinois stop discharging the sewage. Illinois filed a demurrer claiming that Missouri didn’t present an adequate pleading.

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