EICKSTEDT v. SEIFERT


273 Wis. 122 (1956)

EICKSTEDT and wife, Appellants, vs. SEIFERT and another, Respondents.

Supreme Court of Wisconsin.

May 1, 1956.


Attorney(s) appearing for the Case

For the appellants there was a brief by Frank, Karl & Bessman of Milwaukee, and oral argument by Leonard Bessman.

For the respondents there was a brief by Gerold & Huiras of Port Washington, for Adolph Seifert, and by James J. Koenen, district attorney of Ozaukee county, and oral argument by Mr. Ralph J. Huiras and Mr. Koenen.


CURRIE, J.

We have here a situation where the defendant Seifert accumulated waters in an artificial pond or reservoir on his premises and then with the assistance of his codefendant diverted said waters from said pond in such close proximity to plaintiffs' lands that the same were damaged by means of the percolation of said diverted waters. Such act of diversion was performed by defendants after being duly warned by plaintiffs that the lands of the latter were likely...

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