Champion v. Town of Crandon
Wisconsin Supreme Court
APPEAL from the Circuit Court for Forest County. This is an action to recover for damages sustained by the plaintiff by reason of the alleged negligent, careless, and unskilful manner and defective plan upon which the streets and highways in the village of Crandon-had been constructed near plaintiff’s house, by which the surface water falling upon said streets and highways of the defendant town was diverted from its natural course towards the house and upon the premises of…
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APPEAL from the Circuit Court for Forest County. This is an action to recover for damages sustained by the plaintiff by reason of the alleged negligent, careless, and unskilful manner and defective plan upon which the streets and highways in the village of Crandon-had been constructed near plaintiff’s house, by which the surface water falling upon said streets and highways of the defendant town was diverted from its natural course towards the house and upon the premises of the plaintiff. The complaint alleges, in substance, that the house was built of good material and in a workmanlike…
1Opinion of the CourtPiNNey, J.
In Hoyt v. Hudson, 27 Wis. 656, it was settled that cities, towns, and villages, as owners of lands for highways and other public purposes, have the same rights as private owners to obstruct or repel the flow of surface water collecting thereon from snow and rain. Pettigrew v. Evansville, 25 Wis. 223. In Allen v. Chippewa Falls, 52 Wis. 433, Cole, C. J., says: “ It seems needless to observe that the city, under its charter, had the undoubted right to establish the grade of its streets, and in the execution of the grade the existing drainage of surface water might be changed or destroyed.”…
2Cases cited22 opinions
- Radcliff's Executors v. . Mayor, C. of BrooklynNew York Court of Appeals · 1850
- Pettigrew v. Village of EvansvilleWisconsin Supreme Court · 1870
- Urquhart v. . City of OgdensburgNew York Court of Appeals · 1883
- Hoyt v. City of HudsonWisconsin Supreme Court · 1871
- Bates v. Inhabitants of WestboroughMassachusetts Supreme Judicial Court · 1890
17 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Manteufel v. WetzelWisconsin Supreme Court · 1907
- Hart v. City of NeillsvilleWisconsin Supreme Court · 1905
- Shaw v. WardWisconsin Supreme Court · 1907
- Schroeder v. City of BarabooWisconsin Supreme Court · 1896
- Peck v. City of BarabooWisconsin Supreme Court · 1909
11 more not listed; retrieve them via the Exa API.