Wilkins v. Nicolai
Wisconsin Supreme Court
Appeal from a judgment of the county court of "Waukesha county: 3VC. S. Geiswold, Judge. Action for a mandatory injunction compelling defendants to lower a culvert on their premises so as to allow the water to flow freely from adjoining land on the east, owned by plaintiff, onto and across such premises, and to restrain defendants permanently from thereafter obstructing such flow.
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Appeal from a judgment of the county court of "Waukesha county: 3VC. S. Geiswold, Judge. Action for a mandatory injunction compelling defendants to lower a culvert on their premises so as to allow the water to flow freely from adjoining land on the east, owned by plaintiff, onto and across such premises, and to restrain defendants permanently from thereafter obstructing such flow. The trial resulted in findings of fact covering the’ issues raised by the pleadings, in substance as follows: (1) Plaintiff and defendants are severally the owners of land as alleged in the complaint, plaintiff’s…
1Opinion of the Court
The following opinion was filed February 8, 1898:
Marshall, J.
There is no serious controversy but that, respondent is entitled to the relief granted by the judgment appealed from, if the findings of fact are warranted by the-evidence. The real groundwork of respondent’s recovery is the finding that he, and those under or through Avhom he-claims title, had, for more than twenty years, maintained a ditch to drain water off from his land onto the lands of the defendants, thence through a culvert under a private roadway on the latter’s land, near the division line between the-lands of the parties;…
2Cases cited9 opinions
- Pettigrew v. Village of EvansvilleWisconsin Supreme Court · 1870
- Miller v. GarlockNew York Supreme Court · 1850
- Lampman v. Van AlstyneWisconsin Supreme Court · 1896
- Carmody v. MulrooneyWisconsin Supreme Court · 1894
- Fryer v. WarneWisconsin Supreme Court · 1872
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3Cited by22 opinions
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- Manteufel v. WetzelWisconsin Supreme Court · 1907
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