Borchsenius v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.
Wisconsin Supreme Court
Appeal from an order of the circuit court for St. Croix county: E. B. BuNdy, Circuit Judge. Appeal from an order overruling a demurrer to the complaint.
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Appeal from an order of the circuit court for St. Croix county: E. B. BuNdy, Circuit Judge. Appeal from an order overruling a demurrer to the complaint. The complaint alleges that the defendant has constructed the roadbed of its railroad along the side of the plaintiff’s land at an elevation above the natural surface of the ground of from four to eight feet; that the land on the. north or upper side of its roadbed and right of way is a natural watershed for a large area, from which the waters, in time of rains or melting snows, naturally come down to ■defendant’s roadbed, and, before the…
1Opinion of the CourtNewMAN, J.
Surface water is recognized as a common enemy, which each proprietor may fight off or control as he will or is able, either by retention, diversion, repulsion, or altered transmission; so that no cause of action arises for-such interference, even if some injury occurs, causing damage. Bowlsby v. Speer, 31 N. J. Law, 351; Pettigrew v. Evansville, 25 Wis. 223; Hoyt v. Hudson, 27 Wis. 656; Lessard v. Stram, 62 Wis. 112; Wendlandt v. Cavanaugh, 85 Wis. 256. This general rule is, however, limited by the exclusion from its application of the case of surface water which falls or accumulates on the…
2Cases cited6 opinions
- Pettigrew v. Village of EvansvilleWisconsin Supreme Court · 1870
- Hoyt v. City of HudsonWisconsin Supreme Court · 1871
- Cairo & Vincennes R. R. v. StevensIndiana Supreme Court · 1881
- Lessard v. StramWisconsin Supreme Court · 1885
- Johnson v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- State v. DeetzWisconsin Supreme Court · 1974
- Pendergrast v. AikenSupreme Court of North Carolina · 1977
- Shaw v. WardWisconsin Supreme Court · 1907
- Getka v. LaderWisconsin Supreme Court · 1976
- Boll v. OstrootSouth Dakota Supreme Court · 1910
7 more not listed; retrieve them via the Exa API.