Behnisch v. Cedarburg Dairy Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Ozau-kee county: C. M. Davison, Circuit Judge. Nuisance. This action was brought by plaintiffs to enjoin the defendant from creating and maintaining a nuisance, alleged to have been caused by the deposit of large quantities of waste, ■ skimmed milk, and refuse in a .creek which flowed from the creamery through lands owned by the plaintiff, resulting in unhealthful and deleterious odors and in damage to the property of the…
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Appeal from a judgment of the circuit court for Ozau-kee county: C. M. Davison, Circuit Judge. Nuisance. This action was brought by plaintiffs to enjoin the defendant from creating and maintaining a nuisance, alleged to have been caused by the deposit of large quantities of waste, ■ skimmed milk, and refuse in a .creek which flowed from the creamery through lands owned by the plaintiff, resulting in unhealthful and deleterious odors and in damage to the property of the plaintiff. The case was tried by the court without a jury, and findings of fact were filed, by which the court found that…
1Opinion of the CourtRosenberry, J.
It is the contention of the defendant that it and its predecessors in interest had acquired a prescriptive right to empty waste and wash waters into the creek in question. The failure of the court to so find is assigned as error. The finding of the court upon this issue is amply supported by the evidence. The evidence is quite conclusive that the amount of waste water deposited in the creek in question had been largely increased during the two years immediately preceding the commencement of the action. Such being the case, we do not need to consider whether or not the defendant could acquire…
2Cases cited2 opinions
- Platt Bros. v. City of WaterburySupreme Court of Connecticut · 1900
- Smith v. RussWisconsin Supreme Court · 1863
3Cited by9 opinions
- Costas v. City of Fond Du LacWisconsin Supreme Court · 1964
- Kellogg v. Village of ViolaWisconsin Supreme Court · 1975
- Dolata v. Berthelet Fuel & Supply Co.Wisconsin Supreme Court · 1948
- Rode v. Sealtite Insulation Manufacturing Corp.Wisconsin Supreme Court · 1958
- Herrmann v. LarsonSupreme Court of Minnesota · 1943
4 more not listed; retrieve them via the Exa API.