LAUR v. CHICAGO & N. W. R. CO.


1 Wis.2d 567 (1957)

LAUR and wife, Appellants, vs. CHICAGO & NORTH WESTERN RAILWAY COMPANY, Respondent.

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 there was a brief by Quarles, Spence & Quarles, attorneys, and E. H. Borgelt, Kurt H. Frauen, and Anton Motz of counsel, all of Milwaukee, and oral argument by Mr. Motz.


BROWN, J.

The effect of plaintiffs' requested instruction, particularly in its last sentence, is to inform the jury that if the railroad embankment once obstructed natural drainage, the railroad forever after is obligated to do such things as may be necessary to drain plaintiffs' lands as thoroughly as they were drained before there was any construction by the railroad.

There is no contention that the culvert did not provide the Laur lands with adequate drainage...

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