McMahon v. Lower Baraboo River Drainage District

The trial court was of the opinion that the drainage district in constructing its works is performing a governmental function (Hart v. Neillsville, 125 Wis. 546, 552, 553, 104 N. W. 699), and that the situation as presented by the facts in this case is clearly distinguishable from the facts set forth in Hart v. Neillsville, 141 Wis. 3, 123 N. W. 125, where a municipality was held liable for failure to properly construct a surface-water drain, and therefore held that the district was not liable.

It is very clear from a reading of the drainage law under which this district was organized — secs.…