Falkenstern v. Town of Greenfield
Wisconsin Supreme Court
[Appear from a judgment of tlie circuit court for Sauk county: Chester A. EowleR, Judge. Action to recover damages for creating and maintaining a nuisance to plaintiff’s damage.
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[Appear from a judgment of tlie circuit court for Sauk county: Chester A. EowleR, Judge. Action to recover damages for creating and maintaining a nuisance to plaintiff’s damage. The claim of the plaintiff was that the town constructed a bridge across a creek below his mill property thereon, leaving an insufficient opening for the free passage of water as formerly, whereby water backed up, overflowed the banks of the stream and carried off some of his buildings and otherwise injured his property. The claim of defendant was that although plaintiff’s property was damaged by flood water at the…
1Opinion of the CourtMaRshalu, J.
Whether tbe trial court was warranted in directing a verdict in favor of respondent upon tbe ground tbat tbe evidence conclusively showed negligent maintenance by appellant of tbe dam to have efficiently contributed to produce tbe injury complained of, in tbat it resulted in tbe natural bed of tbe creek between tbe dam and tbe bridge being filled up by debris cast there upon occasions of tbe dam being washed out, and tbat such filling obstructed tbe flow of water to and through tbe openings under tbe bridge, materially adding to tbe danger of water overflowing tbe creek banks above tbe bridge…
2Cited by6 opinions
- State v. AllesWisconsin Supreme Court · 1982
- Liberty Tea Co. v. La Salle Fire InsuranceWisconsin Supreme Court · 1932
- Haswell v. ReuterWisconsin Supreme Court · 1920
- Hagins v. WilsonCourt of Appeals of Texas · 1924
- Redman v. Baltimore & Carolina Line, Inc.Court of Appeals for the Second Circuit · 1934
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