Wendlandt v. Cavanaugh
Wisconsin Supreme Court
APPEAL from the Circuit Court for Creen lalce County. Plaintiff is the owner in fee of the east half, and the defendant of the west half, of a certain quarter section of land. This is an action in equity to restrain the defendant from maintaining a ditch dug by him on his own land, through which the waters gathered on his land are discharged upon and injure the land of plaintiff, and to recover damages for past injury caused thereby.
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APPEAL from the Circuit Court for Creen lalce County. Plaintiff is the owner in fee of the east half, and the defendant of the west half, of a certain quarter section of land. This is an action in equity to restrain the defendant from maintaining a ditch dug by him on his own land, through which the waters gathered on his land are discharged upon and injure the land of plaintiff, and to recover damages for past injury caused thereby. The complaint alleges that in 18S8 defendant dug and constructed a fountain upon his own land, and thereby caused the subterranean waters to come to the surface,…
1Opinion of the CourtLyon, C. J.
Much testimony was introduced on the trial, and there is considerable conflict in the statements of some of the witnesses. We have examined the testimony sufficiently to satisfy us that it supports the findings of the learned circuit court. Statement and discussion of the testimony in this opinion would be profitless, and we refrain therefrom. Three questions must be determined, and it is believed that they cover the whole case. These are: (1) Was the demurrer to the counterclaim properly sustained? (2) Did the court properly deny the demand of defendant for a jury trial, and properly…
2Cases cited7 opinions
- Pettigrew v. Village of EvansvilleWisconsin Supreme Court · 1870
- Remington v. FosterWisconsin Supreme Court · 1877
- Denner v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1883
- Champion v. Town of CrandonWisconsin Supreme Court · 1893
- Cedar Lake Hotel Co. v. Cedar Creek Hydraulic Co.Wisconsin Supreme Court · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Manteufel v. WetzelWisconsin Supreme Court · 1907
- Trempealeau County v. StateWisconsin Supreme Court · 1952
- Schuster v. AlbrechtWisconsin Supreme Court · 1898
- Borchsenius v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1897
- Peck v. City of BarabooWisconsin Supreme Court · 1909
2 more not listed; retrieve them via the Exa API.