GETKA v. LADER

Nos. 169, 604.

71 Wis.2d 237 (1976)

238 N.W.2d 87

GETKA and another, Respondents, v. LADER and others, Appellants.

Supreme Court of Wisconsin.

Decided February 3, 1976.


Attorney(s) appearing for the Case

For the appellants there were briefs and oral argument by Jacob Geffs of Clinton.

For the respondents there was a brief by Fulton, Lloyd, Konicek & Phenicie, and oral argument by Patrick Lloyd, all of Burlington.


ROBERT W. HANSEN, J.

As to the right of a landowner to drain surface water from his land and pass it onto the land of a neighbor, the general rule in this state for a long time was that such surface water was recognized as a "common enemy" and that such landowner could "fight off or control" such surface water as he will or is able.1

Recently, in respect to surface waters, this court abandoned the "common enemy" test and substituted...

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