Legal Opinion

Addy v. City of Janesville

Wisconsin Supreme Court

Decided January 10, 1888PublishedCited by 7 opinions

APPEAL from tbe Circuit Court for Rook County. Action to recover damages for injuries by surface water to certain property in the defendant city. Tbe facts will sufficiently appear from tbe opinion.

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APPEAL from tbe Circuit Court for Rook County. Action to recover damages for injuries by surface water to certain property in the defendant city. Tbe facts will sufficiently appear from tbe opinion. The plaintiff had a verdict for $500 damages, and from the judgment entered thereon the defendant appealed. contended, inter alia, that the defendant is not bound to drain surface water from off the plaintiff’s premises; neither is it bound to so construct and maintain its streets that the plaintiff may drain the surface water that may accumulate on her premises into the streets. Waters v. Ray…

1Opinion of the Court

Cole, O. J.

The first two errors assigned are: Overruling the objection to any evidence under the complaint; and denying the motion for a nonsuit. The first inquiry, then, is as to the sufficiency of the complaint. The plaintiff owns, and has for several years resided in, a dwelling-house sit*404"uated on lot 6, block 38, on North Main street, in the city ■of Janesville. It is alleged in the complaint that the defendant city from time to time, during the last five years, ¡and more particularly during the spring and' summer of 1882, wrongfully, unlawfully, and negligently, to the great injury and…

2Cases cited5 opinions

  1. Hoyt v. City of HudsonWisconsin Supreme Court · 1871
  2. Waters v. Village of Bay ViewWisconsin Supreme Court · 1884
  3. Crossett v. City of JanesvilleWisconsin Supreme Court · 1871
  4. Heth v. City of Fond du LacWisconsin Supreme Court · 1885
  5. Meinzer v. City of RacineWisconsin Supreme Court · 1887

3Cited by7 opinions

  1. Bunker v. City of HudsonWisconsin Supreme Court · 1904
  2. Drummond v. City of Eau ClaireWisconsin Supreme Court · 1893
  3. Drummond v. City of Eau ClaireWisconsin Supreme Court · 1891
  4. Adams v. City of OshkoshWisconsin Supreme Court · 1888
  5. City of Waukesha v. RandlesWisconsin Supreme Court · 1904

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