Allen v. City of Chippewa Falls
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dunn County. This action was commenced in the circuit court for Chippewa county. The complaint alleges, in substance, that the defendant city so negligently and unskilfully constructed and graded streets within its limits (including Bridge and Central streets, which crossed each other at right angles) as to cause the water which theretofore had passed over and along the line of said streets, to be thrown in large quantities upon premises…
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APPEAL from the Circuit Court for Dunn County. This action was commenced in the circuit court for Chippewa county. The complaint alleges, in substance, that the defendant city so negligently and unskilfully constructed and graded streets within its limits (including Bridge and Central streets, which crossed each other at right angles) as to cause the water which theretofore had passed over and along the line of said streets, to be thrown in large quantities upon premises occupied by the plaintiffs; that, previous to the constructing and grading of said streets, a large portion of the…
1Opinion of the CourtCole, C. J.
The counsel for the city insists that certain propositions of law, laid down in the charge of the court and in the instructions given, were erroneous, and calculated to *433mislead the jury as to the measure of the city’s liability. After a careful examination of the charge, we think the point well taken. The first exception relied on is the one taken to that portion of the charge of the learned circuit judge wherein the jury were instructed that if the evidence showed that the authorities of the city, by changing the grade of any of its streets, diverted water from the marshy ground mentioned in…
2Cases cited1 opinion
- Mills v. . City of BrooklynNew York Court of Appeals · 1865
3Cited by27 opinions
- City of Evansville v. DeckerIndiana Supreme Court · 1882
- Carroll v. Township of RyeNorth Dakota Supreme Court · 1904
- Geuder, Paeschke & Frey Co. v. City of MilwaukeeWisconsin Supreme Court · 1911
- Goodwin v. StateWisconsin Supreme Court · 1902
- Ramsdale v. FooteWisconsin Supreme Court · 1882
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