Watters v. National Drive-In, Inc.

The characteristics of surface water and the law with respect to it are set forth in Case v. Hoffman (1893), 84 Wis. 438, 444, 54 N. W. 793:

“Surface water is such as its name indicates. It spreads over the surface of the ground. It has its origin most commonly in rains and melted snow. It may stand in swamps, or *435it may percolate through or under the soil. It is as well defined, and the law applicable to it stated as well, in Hoyt v. Hudson, 27 Wis. 656, as in any case in the books. ‘The doctrine of the common law,’ says Chief Justice Dixon, ‘is that there exists no such natural easement or…