Richards v. City of Waupun
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dodge County. The case is thus stated by Mr. Justice Cassoday: “ The plaintiff’s house and lot was upon the south side of Main street, and fronted upon it. Adjoining his lot on the east, was the house and lot of one Carrington, and between his and Fond du Lac street, running northerly and southerly across Main street, was the house and lot of one Hatcher.
Read the full summary
APPEAL from the Circuit Court for Dodge County. The case is thus stated by Mr. Justice Cassoday: “ The plaintiff’s house and lot was upon the south side of Main street, and fronted upon it. Adjoining his lot on the east, was the house and lot of one Carrington, and between his and Fond du Lac street, running northerly and southerly across Main street, was the house and lot of one Hatcher. From the northeast corner of Hatcher’s lot, the city built a subterranean sewer in a northeasterly direction along the side of Fond dh Lac street. Hatcher and Carrington each built on the front part of their…
1Opinion of the CourtCassoday, J.
There is no claim that the city’s sewer was not properly constructed, nor that its construction was in any way instrumental in causing the mud-hole in question. There is no claim that the city had any agency in the construction of any portion of the sewer, or in the adjustment of any portion of the soil, at the front of either of the three lots mentioned. Hatcher, Carrington, and the plaintiff each constructed that portion of the sewer, and each adjusted that portion of the soil, which was upon his own land. Such construction and such adjustment by them, respectively, is the only cause…
2Cited by3 opinions
- Baker v. City of MadisonWisconsin Supreme Court · 1885
- Hanaman v. Liberty Trucking Co.Wisconsin Supreme Court · 1943
- Lamka v. City of El RenoSupreme Court of Oklahoma · 1924