Lessard v. Stram
Wisconsin Supreme Court
APPEAL from the Circuit Court for Crawford County. The case is thus stated by Mr. Justice Tatloe: “ Action to recover damages for the alleged wrongful acts of the defendants in obstructing the flow of the water which issues out of Lhemerie coulie and turning the same upon the lands of the plaintiff.
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APPEAL from the Circuit Court for Crawford County. The case is thus stated by Mr. Justice Tatloe: “ Action to recover damages for the alleged wrongful acts of the defendants in obstructing the flow of the water which issues out of Lhemerie coulie and turning the same upon the lands of the plaintiff. “The evidence given on the trial shows that Lhemerie coulie is a hollow or ravine worn down through the hills or bluffs on the east side of the Mississippi river, in Crawford county, and, that at the mouth of this coulie, and on the south side thereof, the lands of the several parties to this…
1Opinion of the CourtTaylor, J.
The learned circuit judge held that it was clearly established that there was no actual watercourse coming down the coulie, and that all the water that flowed down and out of the same was mere surface waters which the defendants had the right to embank against to prevent their coming upon their respective tracts of land; and that if, in so doing, such water was turned in the direction of the plaintiff’s land and flowed tliereon, and injured it, it was a case of damnum absque injuria, for which no action would lie. On the part of the plaintiff it was claimed that upon the evidence it was a…
2Cases cited7 opinions
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3Cited by17 opinions
- Case v. HoffmanWisconsin Supreme Court · 1898
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- Heth v. City of Fond du LacWisconsin Supreme Court · 1885
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