Robbins v. City of Fond du Lac
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lao County. The action is to recover damages for injuries to plaintiff and his property, alleged to have been caused by the construction and maintenance by the defendant city of a sewer in Forest street in said city, which discharges into the east branch of the Fond du Lac river, near the business office of the plaintiff.
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APPEAL from the Circuit Court for Fond du Lao County. The action is to recover damages for injuries to plaintiff and his property, alleged to have been caused by the construction and maintenance by the defendant city of a sewer in Forest street in said city, which discharges into the east branch of the Fond du Lac river, near the business office of the plaintiff. It is charged that the sewer at the point of discharge into the river emits offensive odors and gases, and is a nuisance to plaintiff and his property. In addition to damages, abatement of the alleged nuisance is demanded. The answer…
1Opinion of the Court
Lyon, 0. J.
This appeal presents for determination only the question whether the testimony sustains the findings of fact that the sewer complained of has never been a nuisance to plaintiff, and that he has sustained no damage by reason of its construction and use. An affirmative answer to this question must necessarily result in the affirmance of the judgment. A negative answer thereto must result in its reversal. Unless there is a clear and satisfactory preponderance of evidence against these findings,— that is to say, unless the evidence clearly and satisfactorily proves that the sewer as…
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