Waters v. Village of Bay View
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaulcee County. Action to recover damages for injury to the plaintiff’s lands alleged to have been caused by the negligence of 'the defendant in permitting á culvert to become filled up, causing water to dam up and flow back upon said lands. The facts sufficiently appear from the opinion.
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APPEAL from the Circuit Court for Milwaulcee County. Action to recover damages for injury to the plaintiff’s lands alleged to have been caused by the negligence of 'the defendant in permitting á culvert to become filled up, causing water to dam up and flow back upon said lands. The facts sufficiently appear from the opinion. The plaintiff appealed from a judgment in favor of the defendant. cited: Smith v. Milwaukee,, 18 Wis. 66; Harper v. Milwaukee, 30 id. 373; Barton v. Syracuse, 36 N. T. 64; McCarthy v. Syracuse, 46 id. 196; 37 Barb. 292; Merrifield v. Worcester, 110 Mass. 216; Jones v. Mew…
1Opinion of the CourtOrton, J.
The village of Bay View, in grading Potter avenue, allowed an old culvert to remain, or constructed a new one (and it is no matter which), under the street, to carry off the surface water which sometimes accumulated on the adjoining lands of one Link and the lands of the plaintiff and others beyond the lands of Link, and which usually passed off through a ravine down to and through this culvert. The culvert became obstructed, and thereby the surface water -was caused to flow back and injure the lands of the plaintiff. The complaint alleges that this flow of water was a natural watercourse.…
2Cases cited4 opinions
- Pettigrew v. Village of EvansvilleWisconsin Supreme Court · 1870
- O'Connor v. Fond du Lac, Amboy & Peoria Railway Co.Wisconsin Supreme Court · 1881
- City of Atchison v. ChallissSupreme Court of Kansas · 1872
- Fryer v. WarneWisconsin Supreme Court · 1872
3Cited by19 opinions
- Manteufel v. WetzelWisconsin Supreme Court · 1907
- Gilluly v. City of MadisonWisconsin Supreme Court · 1885
- Champion v. Town of CrandonWisconsin Supreme Court · 1893
- Corcoran v. City of BeniciaCalifornia Supreme Court · 1892
- Heth v. City of Fond du LacWisconsin Supreme Court · 1885
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