Laur v. City of Milwaukee

Lands of the plaintiffs are separated from those of defendant Plackbarth by the right of way of the Chicago & North Western Railroad. In their original state both parcels were low and swampy. Surface water originally flowed from the Laur to the Hackbarth property. The railroad’s right of way which separates plaintiffs’ property from that of Hackbarth is 100 feet wide. In 1890 the railroad built an embankment on it to carry its tracks across the lowland. The embankment is approximately 50 feet wide and 15 feet higher than the natural surface of the land.

Sec. 88.38, Stats., provides:

“Culverts…