Gellert v. City of Madison

MORIAiRTY, G.

This is an appeal from an order overruling a general demurrer to- the complaint.

The complaint alleges the facts to be as follows: During the years 1922, 1923, and 1924 respondent occupied, as- lessee, a certain tract of land near the appellant city of Madison. The land so occupied is crossed by a small stream into which the sewage from the city is cast. At the time respondent took possession of said land, conditions were su-ch that the sewage did not pollute *560the waters of the stream sufficiently to- cause any material damages to the land in question, but during the year 1922…