Crystal Spring Brook Trout Hatchery Co. v. Village of Lomira
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dodge county: Martin L. Lueck, Circuit Judge. This action "was brought to abate an alleged nuisance claimed to have been maintained by the defendant village. The’ relief demanded in the complaint is (1) damages; (2) that defendant be enjoined from continuing the alleged nuisance; and (3) that defendant be compelled to install and maintain a sewerage system. The answer put in issue the material allegations of the complaint.
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Appeal from a judgment of the circuit court for Dodge county: Martin L. Lueck, Circuit Judge. This action "was brought to abate an alleged nuisance claimed to have been maintained by the defendant village. The’ relief demanded in the complaint is (1) damages; (2) that defendant be enjoined from continuing the alleged nuisance; and (3) that defendant be compelled to install and maintain a sewerage system. The answer put in issue the material allegations of the complaint. After the trial the court made a detailed statement of the established facts, which appears in the record, and made findings…
1Opinion of the CourtKerwin, J.
The trial judge immediately upon the conclusion of the trial, in the presence of counsel of both parties, made a statement of what he found the facts established by the evidence to be, and afterwards made findings of fact and conclusions of law based upon the established facts found.
The court below found the facts at great length and in detail, and we shall not recite the findings here. It is sufficient to say that as part of the findings in detail showing that the defendant did not contribute to the creation of a nuisance or damage to plaintiff, the court concluded by finding “that the…
2Cases cited11 opinions
- State ex rel. Rose v. Superior Court of Milwaukee CountyWisconsin Supreme Court · 1900
- Krueger v. Wisconsin Telephone Co.Wisconsin Supreme Court · 1900
- Kelley v. City of MilwaukeeWisconsin Supreme Court · 1864
- Papworth v. City of MilwaukeeWisconsin Supreme Court · 1885
- Shaw v. WardWisconsin Supreme Court · 1907
6 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Sewage in Second Class TownshipsPennsylvania Court of Common Pleas · 1947
- Wilson v. City of OttumwaSupreme Court of Iowa · 1917