MARTIN, J.
Plaintiff is a farmer owning 268 acres of land in Juneau county. In 1949 defendant completed the construction of a dam across the Wisconsin river which created a body of water known as Petenwell lake two or three miles east of the lands in question. Defendant located a dike west of the river.
Plaintiff claimed damages to his land in 1950 by seepage water from the lake, and was paid $1,627.30, giving a receipt therefor and a release in writing "from...
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