Chrislaw v. Village of Clinton

Two issues are presented on this appeal:

First, did respondent acquire a right-of-way to discharge effluent over appellants’ land and, if so, what is the extent of that right-of-way?

Second, did the flow of effluent constitute a nuisance?

Right-of-Way.

The trial court determined that respondent has acquired “use of the surface drain as well as the under*553ground tile drain as a right-of-way” under sec. 144.05 (2), Stats. This section provides:

“The city or village or the owner of land through which the drain is constructed may apply to the circuit court of the county in which the land is located to…