Freeman v. City of Lake Mills

The point first to be considered is as to whether any liability rests upon the appellant for using Rock creek in the way it does as an outlet for its surface waters. It must be conceded that the appellant, a city, has the same right with reference to surface waters as an individual would have, although the rule is usually phrased to read that the municipality has no greater rights than the individual. Hoyt v. Hudson (1871), 27 Wis. 656. This rule has been recognized in Wisconsin as well as in other states. Roe v. Howard County (1906), 75 Neb. 448, 106 N. W. 587; Pettigrew v. Evansville…