Mueller Real Estate & Investment Co. v. Cohen
Wisconsin Supreme Court
Appeal from an order and judgment of the circuit court for Milwaukee county: LawbeNoe W. TIalset,. Circuit Judge. This is an action for damages. The plaintiff claims that its property has been injured by rain water being discharged from the defendant’s house in such a manner that it percolated through the walls of the plaintiff’s house and caused damage.
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Appeal from an order and judgment of the circuit court for Milwaukee county: LawbeNoe W. TIalset,. Circuit Judge. This is an action for damages. The plaintiff claims that its property has been injured by rain water being discharged from the defendant’s house in such a manner that it percolated through the walls of the plaintiff’s house and caused damage. The plaintiff and defendant own adjoining lots 2 and 3, respectively, in Block A of Hathaway’s subdivision in the First ward of the city of Milwaukee. The plaintiff’s property runs north and south, while the defendant’s runs east and west.…
1Opinion of the Court
Siebeceee,, J.
The facts shown by the plaintiff’s evidence are undisputed. The defendant offered no evidence. As appears in the above statement, the water from the defendant’s dwelling house was collected and, by means of a conductor pipe, was discharged at a place within a few feet from *465the plaintiff’s building and thence carried in a current against the wall of plaintiff’s building and percolated through the wall into the basement in sufficient quantities so as to collect at times to the depth of about a foot. In Huber v. Stark, 124 Wis. 359, 102 N. W. 12, it was held:
“No one has a right, by…
2Cases cited4 opinions
- Huber v. StarkWisconsin Supreme Court · 1905
- Eder v. GrifkaWisconsin Supreme Court · 1912
- Hanna v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1914
- Pennsylvania Coal & Supply Co. v. SchmidtWisconsin Supreme Court · 1913
3Cited by6 opinions
- Pietsch v. McCarthyWisconsin Supreme Court · 1915
- Zindell v. Central Mutual InsuranceWisconsin Supreme Court · 1936
- Engel v. Dunn CountyWisconsin Supreme Court · 1956
- Shanak v. City of WaupacaCourt of Appeals of Wisconsin · 1994
- L. L. Richards MacHinery Co. v. McNamara Motor Express, Inc.Wisconsin Supreme Court · 1959
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