Eulrich v. Richter
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. Action for damages for the alleged erection of a dam across a brook or watercourse, whereby it was alleged, that the defendant had caused the water to set back and overflow the plaintiff’s land. Answer, a general denial.
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APPEAL from the Circuit Court for Winnebago County. Action for damages for the alleged erection of a dam across a brook or watercourse, whereby it was alleged, that the defendant had caused the water to set back and overflow the plaintiff’s land. Answer, a general denial. The testimony taken on the trial, for the most part, tended to show that the alleged brook was a ravine, through which surface water, which had gathered on the higher lands, ran during the melting of snows, and after heavy rains, and sometimes during a large portion of the summer, but in no regular or defined channel, nor…
1Opinion of the CourtCole, J.
We think the learned circuit court erred in charging, as a proposition of law, that the locus in quo was a natural watercourse. The jury were told that there was no substantial conflict in the testimony with reference to the character of the stream, and that as a matter of law it was a watercourse, which the defendant had obstructed.
The definition of a watercourse, as given by Mr. Angelí, and which has been substantially adopted by this court, is, a stream of water consisting of a bed, banks and water; though the water need not flow continually, and there are many water*229courses which are…
2Cases cited2 opinions
- Pettigrew v. Village of EvansvilleWisconsin Supreme Court · 1870
- Hoyt v. City of HudsonWisconsin Supreme Court · 1871
3Cited by16 opinions
- Simmons v. WintersOregon Supreme Court · 1891
- Los Angeles Cemetery Ass'n v. City of Los AngelesCalifornia Supreme Court · 1894
- Case v. HoffmanWisconsin Supreme Court · 1893
- O'Connor v. Fond du Lac, Amboy & Peoria Railway Co.Wisconsin Supreme Court · 1881
- Ramsdale v. FooteWisconsin Supreme Court · 1882
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