Gilluly v. City of Madison
Wisconsin Supreme Court
APPEAL from tibe Circuit Court for Dane County. The complaint shows that the defendant is a municipal corporation and that it is its duty to provide a perfect and efficient system of drainage and sewerage within its corporate limits, and to keep the same in good repair and free from obstructions, and to construct the same so skilfully that it shall not become a nuisance either to the public or to any private person, and to establish and alter the grades of streets in said…
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APPEAL from tibe Circuit Court for Dane County. The complaint shows that the defendant is a municipal corporation and that it is its duty to provide a perfect and efficient system of drainage and sewerage within its corporate limits, and to keep the same in good repair and free from obstructions, and to construct the same so skilfully that it shall not become a nuisance either to the public or to any private person, and to establish and alter the grades of streets in said city; that the plaintiff is the owner of lot 1, block 10, in said city, situated on the southeast side of Gil-man street…
1Opinion of the Court
Cole, O. J.
The learned counsel for the defendant insists that the court below erred in refusing to give an instruction, asked on the part of the city, to the effect that it was not liable for any error or want of judgment upon which its system of drainage was devised, nor for any defect or want of efficiency in the plan of drainage adopted. The answer to this objection is that the plaintiff does not *522rest tbe liability of tbe city for tbe damage to bis property on any snob ground, as we understand tbe case. He does not claim that tbe system or plan of drainage adopted by tbe city was…
2Cases cited4 opinions
- Weis v. City of MadisonIndiana Supreme Court · 1881
- Allen v. City of Chippewa FallsWisconsin Supreme Court · 1881
- Waters v. Village of Bay ViewWisconsin Supreme Court · 1884
- Freburg v. City of DavenportSupreme Court of Iowa · 1884
3Cited by17 opinions
- Folk v. City of MilwaukeeWisconsin Supreme Court · 1900
- Hasslinger v. Village of HartlandWisconsin Supreme Court · 1940
- Bernstein v. City of MilwaukeeWisconsin Supreme Court · 1914
- Clay v. City of St. AlbansWest Virginia Supreme Court · 1897
- Robb v. City of MilwaukeeWisconsin Supreme Court · 1942
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