Harvie v. Town of Caledonia
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Columbia county: Ghesteb A. Fowlee, Circuit Judge. For many years tbe defendant town has maintained a highway running north and south over a low tract of land in said town, and plaintiffs are the owners of forty aeres lying west of and adjacent to the highway. Off from the highway in plaintiffs’ forty there is a small pond, the slope of the land being from the highway to the pond.
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Appeal from a judgment of the circuit court for Columbia county: Ghesteb A. Fowlee, Circuit Judge. For many years tbe defendant town has maintained a highway running north and south over a low tract of land in said town, and plaintiffs are the owners of forty aeres lying west of and adjacent to the highway. Off from the highway in plaintiffs’ forty there is a small pond, the slope of the land being from the highway to the pond. Surface water from lands adjacent to the eastern side of the highway flowed onto the highway, and the town built a culvert across the road opposite plaintiffs’ pond,…
1ConcurrenceTimlin, J.
I concur in the affirmance of this judgment, but I think it ought to be affirmed on the ground that secs. 1236, 1237, and 1237a of the Statutes by clear implication authorize the construction of drains or ditches on lands of abutting owners when necessary for the improvement or preservation of the highway, and recognize the right of the abutting owner to have damages therefor. This would make it unnecessary to determine the controverted question whether such damages are included in the award of damages made when the land was taken for highway purposes or in the release of damages which…
2Cases cited5 opinions
- Chicago v. TaylorSupreme Court of the United States · 1888
- Manteufel v. WetzelWisconsin Supreme Court · 1907
- Shaw v. WardWisconsin Supreme Court · 1907
- Peck v. City of BarabooWisconsin Supreme Court · 1909
- Bockoven v. Board of Sup'rs.South Dakota Supreme Court · 1900