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CZARNIK v. SAMPSON ENTERPRISES, INC.

No. 174.

46 Wis.2d 541 (1970)

175 N.W.2d 487

CZARNIK and wife, Plaintiffs and Appellants, v. SAMPSON ENTERPRISES, INC., and another, Defendants and Respondents: METROPOLITAN SEWERAGE DISTRICT of the County of Milwaukee, Interpleaded Defendant and Respondent.

Supreme Court of Wisconsin.

Decided April 3, 1970.

Attorney(s) appearing for the Case

For the appellants there was a brief by Sabrowsky, Raasch, Reidenbach & Miller of Milwaukee, and oral argument by Frederick E. Reidenbach.

For the respondents there was a brief by John J. Fleming, Milwaukee city attorney, and Harvey G. Odenbrett, principal assistant city attorney, and by Schroeder, Gedlen, Riester & Moerke of Milwaukee, and oral argument by Ewald L. Moerke, Jr.

CONNOR T. HANSEN, J.

This litigation concerns the use of land that came into being when a tube was placed in a drainage ditch and the ditch thereafter backfilled to grade level. The cause was submitted to the trial court on an agreed statement of facts.

The parcel of land involved is seventy feet wide and extends from South Howell Avenue northwest to South Layton Avenue. The plaintiffs allege they own the northeasterly...

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