Zombkowski v. Wisconsin River Power Co.

Upon this appeal several claims of error are advanced by the defendant. It is first contended that the plaintiff’s sole remedy was by condemnation under the provisions of ch. 32, Stats. It relies in particular upon the case of Peterson v. Wisconsin River Power Co. 264 Wis. 84, 58 N. W. (2d) 287. That case involved the same defendant and was an action to recover damages to the property of the plaintiff in that case because of seepage of water from the defendant’s dam in the Wisconsin river.

Two matters are called to our attention that were not mentioned in the Peterson Case. First our attention…