Pettigrew v. Village of Evansville
Wisconsin Supreme Court
APPEAL from the Circuit Court for Rock County. ■ Action to restrain the village of Evansville, and the street commissioner thereof, from conducting the waters of a pond by an artificial ditch ór channel so as to cause them to be discharged upon the plaintiff’s-land.
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APPEAL from the Circuit Court for Rock County. ■ Action to restrain the village of Evansville, and the street commissioner thereof, from conducting the waters of a pond by an artificial ditch ór channel so as to cause them to be discharged upon the plaintiff’s-land. The complaint alleges that the plaintiff is the owner of an undivided ninth part of certain lands adjoining said village; that there is a large body of standing water on each side of Main street, near the north end of Second street, in said village; that the street commissioner, under the direction of the corporation, has…
1Opinion of the CourtDixon, C. J.
This case differs, from any heretofore decided by this court, and from any cited by counsel for the defendants. • Here the injury to the plaintiff’s land, *227arising from 'the proposed improvement of the street, is direct. In the others it was indirect and consequential merely. The defendants propose, by digging the ditch, to drain the waters of the natural reservoir, which now gather into it from a considerable distance over the surface of the surrounding country, and thence escape only -by percolation and evaporation, and turn them immediately upon the land of the plaintiff, greatly to his…
2Cases cited11 opinions
- Wilson v. Mayor of New YorkCourt for the Trial of Impeachments and Correction of Errors · 1845
- Nevins v. City of PeoriaIllinois Supreme Court · 1866
- Hart v. Mayor of AlbanyCourt for the Trial of Impeachments and Correction of Errors · 1832
- Drake v. Hudson River RailroadNew York Supreme Court · 1849
- Goodale v. . TuttleNew York Court of Appeals · 1864
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3Cited by89 opinions
- Ashley v. City of Port HuronMichigan Supreme Court · 1877
- Barkley v. . WilcoxNew York Court of Appeals · 1881
- Weis v. City of MadisonIndiana Supreme Court · 1881
- Hoyt v. City of HudsonWisconsin Supreme Court · 1871
- Grand Rapids Booming Co. v. JarvisMichigan Supreme Court · 1874
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