Leininger v. Pierce County

The plaintiffs seek, under sec. 88.38, Stats., to recover from Pierce county damages which they sustained by the flooding of their land by surface waters, which accumulated because a culvert under the grade of a federal-state highway was inadequate to afford sufficient drainage. In Leininger v. County Highway Committee, 217 Wis. 61, 258 N. W. 368, we held that the damages could not be recovered in condemnation proceedings. In the present action the court concluded, upon findings which the plaintiffs do not question, that they cannot recover from Pierce county under sec. 88.38, Stats. That…