Hart v. City of Neillsville
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Clark County: Jambs O’Neill, Circuit Judge. Action to recover compensation for injuries, cMmed to have been caused plaintiff’s residence property by escape of water and sewage into the basement of his dwelling house, by reason of the negligent condition of defendant’s sewer system. • The complaint was to this effect, after stating the corporate existence of the defendant and describing the property in ■question: Adjoining the…
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Appeal from a judgment of the circuit court for Clark County: Jambs O’Neill, Circuit Judge. Action to recover compensation for injuries, cMmed to have been caused plaintiff’s residence property by escape of water and sewage into the basement of his dwelling house, by reason of the negligent condition of defendant’s sewer system. • The complaint was to this effect, after stating the corporate existence of the defendant and describing the property in ■question: Adjoining the basement of plaintiff’s dwelling house, there was a well from which he was accustomed to obtain a supply of pure water…
1Opinion of the CourtMaeshall, J.
On the former appeal it was held that if, as alleged, appellant failed to duly adopt a plan for its sewer system before constructing the same, or, having so adopted a plan, failed to reasonably construct the system in accordance therewith, it was guilty of actionable negligence and liable to respondent for such damages to his property, as were attributable to such negligence as the proximate cause thereof and were hot produced by his own want of ordinary care concurring with -appellant’s wrong. Further it was held that, if the appellant was free from actionable negligence in respect to the…
2Cases cited5 opinions
- Hyer v. City of JanesvilleWisconsin Supreme Court · 1898
- Collins v. City of JanesvilleWisconsin Supreme Court · 1901
- Klatt v. N. C. Foster Lumber Co.Wisconsin Supreme Court · 1897
- Darcey v. Farmers' Lumber Co.Wisconsin Supreme Court · 1898
- Habenicht v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1908
3Cited by13 opinions
- Samulski v. Menasha Paper Co.Wisconsin Supreme Court · 1911
- Freitag v. City of MontelloWisconsin Supreme Court · 1967
- Geuder, Paeschke & Frey Co. v. City of MilwaukeeWisconsin Supreme Court · 1911
- Saucer v. City of West Palm BeachSupreme Court of Florida · 1945
- Trustees of University Co-Operative Co. v. City of MadisonWisconsin Supreme Court · 1939
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