Andrus v. City of Ashland
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Ashland county: G. N. Risjord, Circuit Judge. Plaintiff brings this action to recover damages for flooding his premises. The plaintiff is' the owner of a part óf a block in the defendant city, bounded on the northerly side by Second street, on the easterly side by Vaughn avenue, on the southerly side by Third street, and on the westerly side by Sixth avenue.
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Appeal from a judgment of the circuit court for Ashland county: G. N. Risjord, Circuit Judge. Plaintiff brings this action to recover damages for flooding his premises. The plaintiff is' the owner of a part óf a block in the defendant city, bounded on the northerly side by Second street, on the easterly side by Vaughn avenue, on the southerly side by Third street, and on the westerly side by Sixth avenue. North and south across this block, in its original state, there extended a ravine several feet in depth. Through this ravine, from lands to the south about 160 acres in extent, surface water…
1Opinion of the CourtRosenberry, J.
Plaintiff claims to have been damaged in two ways:(1) That by reason of the grading of the streets more water was discharged into the ravine than wduld have come to it in a state of nature, and because the waters so collected were discharged upon him in unusual quantities with added force.
Upon that branch of the case we think the decision of the trial court is clearly right. We shall not attempt to restate the facts, as it would serve no useful purpose in this or in any other, case.(2) Plaintiff further claims that the defendant is liable by reason of the insufficiency of the outlet of the…
2Cases cited1 opinion
- Geuder, Paeschke & Frey Co. v. City of MilwaukeeWisconsin Supreme Court · 1911
3Cited by1 opinion
- Christensen v. City of Sturgeon BayWisconsin Supreme Court · 1928