Clauson v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dane county: R. Gr. SiebeoKER, Circuit Judge. This is an action for the alleged wrongful diversion of surface water, and the discharging of the same in one body upon the plaintiff’s land.
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Appeal from a judgment of the circuit court for Dane county: R. Gr. SiebeoKER, Circuit Judge. This is an action for the alleged wrongful diversion of surface water, and the discharging of the same in one body upon the plaintiff’s land. The facts were practically undisputed, and appeared from the evidence as follows: In the year 1871 the defendant’s railway was built, running in a general southeasterly and northwesterly direction through section 26, township 8, range 9, in the county of Dane, state of Wisconsin. The plaintiff has lands upon both sides-of said right of way in said section, his…
1Opinion of the CourtWINSlow, J.
The question of the disposal of surface water as between adjoining owners is one which is not always easy of solution, notwithstanding the fact that the basic principles governing the subject are in this state quite well settled. The doctrine of the common law was definitely adopted by this court in Hoyt v. Hudson, 27 Wis. 656, and that doctrine has since been closely adhered to, with perhaps a single material encroachment which will be hereafter noted. That doctrine was there stated to be that the proprietor of the lower estate may, if he choose, lawfully obstruct or hinder the flow of…
2Cases cited17 opinions
- Pettigrew v. Village of EvansvilleWisconsin Supreme Court · 1870
- Hoyt v. City of HudsonWisconsin Supreme Court · 1871
- Hanlin v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1884
- Allen v. City of Chippewa FallsWisconsin Supreme Court · 1881
- O'Connor v. Fond du Lac, Amboy & Peoria Railway Co.Wisconsin Supreme Court · 1881
12 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Manteufel v. WetzelWisconsin Supreme Court · 1907
- Shaw v. WardWisconsin Supreme Court · 1907
- Peck v. City of BarabooWisconsin Supreme Court · 1909
- Merkel v. Town of GermantownWisconsin Supreme Court · 1904
- Leininger v. County Highway CommitteeWisconsin Supreme Court · 1935
4 more not listed; retrieve them via the Exa API.