Huerth v. Town of Prairie Du Sac

This action was brought by appellant to assert a right which he claims has been invaded by acts of respondent proceeding in road construction over marshlands in a manner contrary to the commands of our statutes. (Sec. 88.38, Stats.) The statute upon which appellant relies provides for the maintaining of culverts and outlets to permit natural drainage in a situation such as is referred to in the above statement of facts. Under this law, a town constructing or maintaining a public road grade through, over, and across any marshland or other natural depression, over or through which surface water…