Schuster v. Albrecht
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dane county: R. G. Siebeohee, Circuit Judge. This is an equitable action .brought to prevent the defendant from constructing on his own land; but in immediate proximity to the plaintiff’s land, a certain tile drain, from which, ifc is claimed, large quantities of water will percolate-through the soil into the plaintiff’s land, to his injury.
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Appeal from a judgment of the circuit court for Dane county: R. G. Siebeohee, Circuit Judge. This is an equitable action .brought to prevent the defendant from constructing on his own land; but in immediate proximity to the plaintiff’s land, a certain tile drain, from which, ifc is claimed, large quantities of water will percolate-through the soil into the plaintiff’s land, to his injury. The parties own adjoining farms, a large part of the defendant’s land being more than ten feet higher than the plaintiff’s land. Where the two farms join, the defendant’s land slopes down to the level of the…
1Opinion of the CourtWmsLow, J.
The findings of fact seem to be supported •by the evidence, but, even if they were not, there are no exceptions to the written findings preserved in the bill; hence, in any event, they cannot be reviewed.
It was held -by this court in Pettigrew v. Evansville, 25 Wis. 223, that the owner of land on which there is a pond or reservoir of surface water cannot lawfully discharge it, through an artificial channel, directly upon the land of another, greatly to his injury. As between pi’ivate individuals, where no question of public duty or authority is involved, *245this principle has 'not been infringed…
2Cases cited2 opinions
- Pettigrew v. Village of EvansvilleWisconsin Supreme Court · 1870
- Wendlandt v. CavanaughWisconsin Supreme Court · 1893
3Cited by13 opinions
- Chicago, R. I. & P. Ry. Co. v. JohnsonSupreme Court of Oklahoma · 1910
- Manteufel v. WetzelWisconsin Supreme Court · 1907
- Brandenberg v. ZeiglerSupreme Court of South Carolina · 1901
- Noyes v. CosselmanWashington Supreme Court · 1902
- Graham v. Pantel Realty Co.Nebraska Supreme Court · 1926
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