City of Madison v. Ross

Case by Ross against the city of Madison. The declaration alleged that the plaintiff, Ross, was the owner of a tan-yard, and that the city of Madison constructed a culvert and embankment across a small stream of water on Second street, in said city, so unskillfully that, by means thereof, said plaintiff’s tan-yard was overflowed and destroyed. The city pleaded the general issue, and a special plea which need not be noticed. The issues were of fact. They were tried by a jury, and Ross obtained judgment. The evidence is not upon the record. The question in the case, for there is but one raised…