Denner v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Bane County. The complaint alleges, in substance, that the plaintiff for many years has been and now is in possession of certain premises, under a contract for the sale thereof to him; that a stream of water has for many years extended and flowed across such premises; that the railroad of the defendant, built by one of its predecessors, was constructed in such a way as to divert said stream from its natural course, and to set back the waters…
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APPEAL from the Circuit Court for Bane County. The complaint alleges, in substance, that the plaintiff for many years has been and now is in possession of certain premises, under a contract for the sale thereof to him; that a stream of water has for many years extended and flowed across such premises; that the railroad of the defendant, built by one of its predecessors, was constructed in such a way as to divert said stream from its natural course, and to set back the waters thereof and cause them to overflow the premises of the plaintiff, to his damage $1,000. The prayer of the complaint is…
1Opinion of the CourtCassoday, J.
Does the complaint state facts sufficient to constitute a cause of action within the meaning of subd. 6, sec. 2649, E. S. % (Subd. 6, sec. 5, ch. 12o, E. S. 1858.) This provision was taken from the New York Code, sec. 144. It has, however, been construed by this court as well as the New York courts. In so far as such constructions may differ, we feel compelled to follow our own, especially where such construction was first given by this court.
The question here presented was directly involved in Supervisors of Kewaunee Co. v. Decker, 30 Wis., 624. In that case it was apparent from the whole…
2Cases cited5 opinions
- Supervisors of Kewaunee County v. DeckerWisconsin Supreme Court · 1872
- Cohn v. Wausau Boom Co.Wisconsin Supreme Court · 1879
- Remington v. FosterWisconsin Supreme Court · 1877
- Tewksbury v. SchulenbergWisconsin Supreme Court · 1877
- Pennoyer v. AllenWisconsin Supreme Court · 1881
3Cited by18 opinions
- Stein v. BenedictWisconsin Supreme Court · 1892
- Wilmarth v. WoodcockMichigan Supreme Court · 1885
- Stadler v. GriebenWisconsin Supreme Court · 1884
- Fischer v. LaackWisconsin Supreme Court · 1890
- Carthew v. City of PlattevilleWisconsin Supreme Court · 1914
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