Winchell v. City of Waukesha
Wisconsin Supreme Court
Appeal from a judgment of the county court of Waukesha county: M. S. Gbiswold, Judge. The plaintiff, a married woman having a family, is the owner of a farm of about 115 acres, south of Waukesha, bounded on the northwest and west by a small, shallow, and sluggish stream called Fox river, which runs through the city of Waukesha•, and is the only natural drainage course therefrom. On this farm, about 850 feet east of the river, is the residence of herself and family.
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Appeal from a judgment of the county court of Waukesha county: M. S. Gbiswold, Judge. The plaintiff, a married woman having a family, is the owner of a farm of about 115 acres, south of Waukesha, bounded on the northwest and west by a small, shallow, and sluggish stream called Fox river, which runs through the city of Waukesha•, and is the only natural drainage course therefrom. On this farm, about 850 feet east of the river, is the residence of herself and family. About ten years ago the city of Waukesha installed a sewer system, now aggregating about fourteen miles, the whole of which…
1Opinion of the CourtDodge, J.
The findings and evidence disclose a very obvious nuisance, which, if created and maintained by an indi*106vidual, would entitle the plaintiff to the aid of a court off equity to effect its abatement, and to damages if pecuniary injury be established, within the decisions of this court which are cited and summarized in Middlestadt v. Waupaca S. & P. Co. 93 Wis. 1, 4. Two entirely well recognized elements of special and private injury are established,, namely, substantial defilement of the waters of a stream flowing along and over plaintiff’s land so as to prevent the beneficial use of the water,…
2Cases cited19 opinions
- Missouri v. Illinois & the Sanitary DistrictSupreme Court of the United States · 1900
- Haskell v. City of New BedfordMassachusetts Supreme Judicial Court · 1871
- Harper v. City of MilwaukeeWisconsin Supreme Court · 1872
- Platt Bros. v. City of WaterburySupreme Court of Connecticut · 1900
- Chapman v. . City of RochesterNew York Court of Appeals · 1888
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3Cited by50 opinions
- Bostco LLC v. Milwaukee Metropolitan Sewerage DistrictWisconsin Supreme Court · 2013
- Milwaukee Metropolitan Sewerage District v. City of MilwaukeeWisconsin Supreme Court · 2005
- Attorney General ex rel. Township of Wyoming v. City of Grand RapidsMichigan Supreme Court · 1913
- Madison Metropolitan Sewerage District v. Committee on Water PollutionWisconsin Supreme Court · 1951
- Hasslinger v. Village of HartlandWisconsin Supreme Court · 1940
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