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LAUR v. CITY OF MILWAUKEE

1 Wis.2d 561 (1957)

LAUR and wife, Appellants, vs. CITY OF MILWAUKEE and another, Respondents.

Supreme Court of Wisconsin.

October 8, 1957.

Attorney(s) appearing for the Case

For the appellants there was a brief and oral argument by Paul Pike Pullen of Milwaukee.

For the respondent city of Milwaukee there was a brief by Walter J. Mattison, city attorney, and Peter M. Stupar, assistant city attorney, and oral argument by Mr. Stupar.

For the respondent Amalia Hackbarth Kuphal there was a brief by Bendinger, Hayes & Kluwin and Becker, Kinnel, Doucette & Mattison, all of Milwaukee, and oral argument by John A. Kluwin.

BROWN, J.

Lands of the plaintiffs are separated from those of defendant Hackbarth by the right of way of the Chicago & North Western Railroad. In their original state both parcels were low and swampy. Surface water originally flowed from the Laur to the Hackbarth property. The railroad's right of way which separates plaintiffs' property from that of Hackbarth is 100 feet wide. In 1890 the railroad built an embankment on it to carry its tracks across the lowland...

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