CEW Management Corp. v. First Federal Savings & Loan Ass'n

This is an appeal from an order denying the defendant’s motion to dismiss the plaintiff’s complaint for failure to state a claim upon which relief can be granted. The complaint of CEW Management Corporation is based upon the cause of action approved by this court by its mandate of December 20, 1974, in State v. Deetz, 66 Wis.2d 1, 224 N.W.2d 407 (1974). In that case this court overruled the “common enemy” doctrine and adopted the “reasonable use” rule in respect to surface waters. Under the rule of Deetz, taken substantially from sec. 822, Restatement 2d, Torts (Tentative Draft No. 17, 1971),…