Wilson v. City of Eau Claire
Wisconsin Supreme Court
Appeal from an order of the circuit court for Eau Claire county: W. E. Bailey, Circuit Judge. The action is for damages for the flooding of the basement of plaintiff’s building by surface water and sewerage, by reason of defective sewers, gutters, and drains.
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Appeal from an order of the circuit court for Eau Claire county: W. E. Bailey, Circuit Judge. The action is for damages for the flooding of the basement of plaintiff’s building by surface water and sewerage, by reason of defective sewers, gutters, and drains. It is claimed for the plaintiff that the sewers and gutters constructed by the defendant are so defective that in times of ordinary hard rains they so turn the water and sewerage upon plaintiff’s premises as to flood her basement with water, sewerage, and debris. There was a jury trial, and a special verdict in effect favorable to the…
1Opinion of the CourtNewMAN, J.
In Schillinger v. Verona, 85 Wis. 589, 595, it is said: “ The rule is firmly settled by repeated decisions that the granting of a new trial is very much in the discretion of the trial court, and that its- order granting the same will not be reversed unless there clearly appears to have been an abuse of such discretion;” and that “the only exception to this rule is where it affirmatively appears upon the record that such order was based upon a misapprehension of the law.” The rule is restated, in the same words, in J. & H. Clasgens Co. v. Silber, 87 Wis. 357. The instant case is not within the…
2Cases cited5 opinions
- Schillinger v. Town of VeronaWisconsin Supreme Court · 1893
- Schraer v. StefanWisconsin Supreme Court · 1891
- Cameron v. MountWisconsin Supreme Court · 1893
- J. & H. Clasgens Co. v. SilberWisconsin Supreme Court · 1894
- Garny v. KatzWisconsin Supreme Court · 1893
3Cited by4 opinions
- Mills v. ConleyWisconsin Supreme Court · 1901
- McCann v. UllmanWisconsin Supreme Court · 1901
- Adams v. SmithWyoming Supreme Court · 1903
- Godfrey v. GodfreyWisconsin Supreme Court · 1906