Harp v. City of Baraboo
Wisconsin Supreme Court
Appeal from an order of the circuit court for Sauk county: R. Gr. Siebeckee, Circuit Judge. Appeal from an order sustaining a demurrer to the complaint, in an action for damages against the city of Baraboo, alleging as material facts that the city, prior to the events complained of, had carelessly and negligently filled up Third street in said city, without making provision for the escape •of surface water, which accumulated in, and naturally passed down, a certain ravine…
Read the full summary
Appeal from an order of the circuit court for Sauk county: R. Gr. Siebeckee, Circuit Judge. Appeal from an order sustaining a demurrer to the complaint, in an action for damages against the city of Baraboo, alleging as material facts that the city, prior to the events complained of, had carelessly and negligently filled up Third street in said city, without making provision for the escape •of surface water, which accumulated in, and naturally passed down, a certain ravine crossing the line of said street and extending in a southerly or southwesterly direction toward the Baraboo river; said…
1Opinion of the CourtDodge, J.
The stoppage of surface water by the grading up of a street is not an act upon which an action for damages against the city- can be predicated. Waters v. Bay View, 61 Wis. 642; Lessard v. Stram, 62 Wis. 112; Johnson v. C., St. P., M. & O. R. Co. 80 Wis. 641.
The arrangement of gutters, ditches, etc., by a city, in the course of grading and adjusting its streets, whereby the course of surface. water is changed and its' flow in certain directions or at a certain place increased, is not actionable. Heth v. Fond du Lac, 63 Wis. 228; Champion v. Crandon, 84 Wis. 405.
The city can no more be liable…
2Cases cited5 opinions
- Waters v. Village of Bay ViewWisconsin Supreme Court · 1884
- Lessard v. StramWisconsin Supreme Court · 1885
- Champion v. Town of CrandonWisconsin Supreme Court · 1893
- Heth v. City of Fond du LacWisconsin Supreme Court · 1885
- Johnson v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1891
3Cited by5 opinions
- Peck v. City of BarabooWisconsin Supreme Court · 1909
- Clauson v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1900
- Tiedeman v. Village of MiddletonWisconsin Supreme Court · 1964
- Merkel v. Town of GermantownWisconsin Supreme Court · 1904
- Crystal Spring Brook Trout Hatchery Co. v. Village of LomiraWisconsin Supreme Court · 1917