Blohowak v. Grochoski
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Brown county: S. D. HASTINGS, Jr., Circuit Judge. This is an action at law to recover $600 damages for unlawfully and wrongfully filling up an alleged watercourse, with bed and banks and a well-defined channel through which water flowed during the greater part of the year, immediately below and north of the north line of the plaintiff’s premises, described, and thus causing the water to set back upon and overflow the…
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Appeal from a judgment of tbe circuit court for Brown county: S. D. HASTINGS, Jr., Circuit Judge. This is an action at law to recover $600 damages for unlawfully and wrongfully filling up an alleged watercourse, with bed and banks and a well-defined channel through which water flowed during the greater part of the year, immediately below and north of the north line of the plaintiff’s premises, described, and thus causing the water to set back upon and overflow the plaintiff’s premises. The answer admits that the plaintiff was the owner of the land described, and that the north end thereof…
1Opinion of the CourtCassodat, C. J.
This is an action at law triable by jury as a matter of right. This being so, the order of the trial court changing the answer of the jury to the first question from the affirmative to the negative can-only be sustained *191on the ground that the finding of the jury was contrary to the undisputed credible evidence. In granting the motion of the defendant to so change the verdict the trial court filed a carefully written opinion, reviewing the evidence, and reached the conclusion that the water complained of was mere surface water and did not have the essentials of a watercourse, as defined by the…
2Cases cited13 opinions
- Hoyt v. City of HudsonWisconsin Supreme Court · 1871
- Case v. HoffmanWisconsin Supreme Court · 1898
- Mitchell v. BainIndiana Supreme Court · 1895
- Case v. HoffmanWisconsin Supreme Court · 1893
- Macomber v. GodfreyMassachusetts Supreme Judicial Court · 1871
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3Cited by2 opinions
- Shaw Cleaners & Dyers, Inc. v. Des Moines Dress ClubSupreme Court of Iowa · 1932
- Wintersberger v. Pioneer Iron & Metal Co.Wisconsin Supreme Court · 1959