Winchester v. City of Stevens Point
Wisconsin Supreme Court
APPEAL from the Circuit Court for Portage County. The complaint after alleging that the plaintiff is tbe owner in fee simple of certain described lots in the city of Stevens Point, and has been the said owner and in the actual possession thereof for more than one year immediately preceding the commencement of this action, proceeds as follows: “ That for more than twenty years last past the waters of the Wisconsin river at certain stages usually occurring every year have,…
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APPEAL from the Circuit Court for Portage County. The complaint after alleging that the plaintiff is tbe owner in fee simple of certain described lots in the city of Stevens Point, and has been the said owner and in the actual possession thereof for more than one year immediately preceding the commencement of this action, proceeds as follows: “ That for more than twenty years last past the waters of the Wisconsin river at certain stages usually occurring every year have, unless prevented by artificial means, set back up a. slough and natural watercourse to the north of said lots and thence…
1Opinion of the CourtCole, C. J.
It is plain that the plaintiff in her complaint does not treat this as an ordinary action of trespass to the realty. She alleges that she was. the owner in fee simple and in the actual possession of the premises described. Her gravamen is that the defendant city has constructed a dike or embankment in front of these premises, which renders them inaccessible, and that this embankment dams up *353the water and sets it back upon her lots. Then comes the averment, “ by means whereof the said premises are greatly diminished in value, and the plaintiff has sustained damage in the sum of $700.” If there…
2Cases cited23 opinions
- Ricard v. WilliamsSupreme Court of the United States · 1822
- Diedrich v. Northwestern Union Railway Co.Wisconsin Supreme Court · 1877
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- Carter v. BennettSupreme Court of Florida · 1852
- Weymouth v. Chicago & North-Western Railway Co.Wisconsin Supreme Court · 1863
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3Cited by6 opinions
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