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CHRISLAW v. CLINTON

29 Wis.2d 549 (1966)

CHRISLAW and others, Appellants, v. VILLAGE OF CLINTON, Respondent.

Supreme Court of Wisconsin.

February 1, 1966.

Attorney(s) appearing for the Case

For the appellants there was a brief by Wickhem, Consigny & Sedor of Janesville, and oral argument by Gilbert D. Sedor.

For the respondent there was a brief by Geffs, Geffs, Block & Geffs of Janesville, and oral argument by Jacob Geffs.

WILKIE, J.

Two issues are presented on this appeal:

First, did respondent acquire a right-of-way to discharge effluent over appellants' land and, if so, what is the extent of that right-of-way?

Second, did the flow of effluent constitute a nuisance?

Right-of-Way.

The trial court determined that respondent has acquired "use of the surface drain as well as the underground tile drain...

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