Harp v. City of Baraboo
This text of 77 N.W. 744 (Harp v. City of Baraboo) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The stoppage of surface water by the grading up of a street is not an act upon which an action for damages against the city- can be predicated. Waters v. Bay View, 61 Wis. 642; Lessard v. Stram, 62 Wis. 112; Johnson v. C., St. P., M. & O. R. Co. 80 Wis. 641.
The arrangement of gutters, ditches, etc., by a city, in the course of grading and adjusting its streets, whereby the course of surface. water is changed and its' flow in certain directions or at a certain place increased, is not actionable. Heth v. Fond du Lac, 63 Wis. 228; Champion v. Crandon, 84 Wis. 405.
The city can no more be liable for the result of two innocent and lawful acts in combination than for the separate consequence of either such acts.
The demurrer was properly sustained.
By the Oourt.— Order affirmed.
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Cite This Page — Counsel Stack
77 N.W. 744, 101 Wis. 368, 1898 Wisc. LEXIS 337, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harp-v-city-of-baraboo-wis-1898.