Legal Opinion

Eulrich v. Richter

Wisconsin Supreme Court

Decided January 15, 1875PublishedCited by 16 opinions

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

  1. Pettigrew v. Village of EvansvilleWisconsin Supreme Court · 1870
  2. Hoyt v. City of HudsonWisconsin Supreme Court · 1871

3Cited by16 opinions

  1. Simmons v. WintersOregon Supreme Court · 1891
  2. Los Angeles Cemetery Ass'n v. City of Los AngelesCalifornia Supreme Court · 1894
  3. Case v. HoffmanWisconsin Supreme Court · 1893
  4. O'Connor v. Fond du Lac, Amboy & Peoria Railway Co.Wisconsin Supreme Court · 1881
  5. Ramsdale v. FooteWisconsin Supreme Court · 1882

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