O'Connor v. Fond du Lac, Amboy & Peoria Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Bond du Lao County. The complaint alleges, in substance, that the defendant is a corporation; that the plaintiff is, and for the past five years has been, the owner and occupant of certain lands, with a dwelling-house thereon, in the city of Fond du Lac; that low lands near her premises have ever been drained by a watercourse, or ditch, which carried off the surface water to the river, and in that manner her own premises were kept dry; that…
Read the full summary
APPEAL from the Circuit Court for Bond du Lao County. The complaint alleges, in substance, that the defendant is a corporation; that the plaintiff is, and for the past five years has been, the owner and occupant of certain lands, with a dwelling-house thereon, in the city of Fond du Lac; that low lands near her premises have ever been drained by a watercourse, or ditch, which carried off the surface water to the river, and in that manner her own premises were kept dry; that it became and was the duty of the defendant, in building its railroad across or through ditches, drains or watercourses,…
1Opinion of the CourtCole, C. J.
The gravamen of the complaint is, as we interpret its allegations, that the defendant company, in making-*530its road-bed, filled up a ditch, which drained or carried the surface water from the plaintiff’s premises to the river. We do not understand that any stream of water, or watercourse proper, was interrupted, crossed or changed by the company in -building its road, though there is some language which would almost warrant such an inference. But the better, and, as we think, true construction of the complaint is, that the action is brought for damages caused the plaintiff in consequence of the…
2Cases cited10 opinions
- Pettigrew v. Village of EvansvilleWisconsin Supreme Court · 1870
- Hoyt v. City of HudsonWisconsin Supreme Court · 1871
- Brown v. . the Cayuga and Susquehanna Railroad Co.New York Court of Appeals · 1855
- Hatch v. Vermont Central RailroadSupreme Court of Vermont · 1852
- Lyon v. Green Bay & Minnesota Railway Co.Wisconsin Supreme Court · 1877
5 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Jordan v. City of BenwoodWest Virginia Supreme Court · 1896
- Drake v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1884
- Case v. HoffmanWisconsin Supreme Court · 1893
- Hanlin v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1884
- Morrissey v. Chicago, Burlington & Quincy RailroadNebraska Supreme Court · 1893
21 more not listed; retrieve them via the Exa API.