82 Wis. 340 | Wis. | 1892
This appeal presents for determination only the question whether the testimony sustains the findings of fact that the sewer complained of has never been a nuisance to plaintiff, and that he has sustained no damage by reason of its construction and use. An affirmative answer to this question must necessarily result in the affirmance of the judgment. A negative answer thereto must result in its reversal. Unless there is a clear and satisfactory preponderance of evidence against these findings,— that is to say, unless the evidence clearly and satisfactorily proves that the sewer as constructed and used was a nuisance to plaintiff, who sustained injury thereby,— such findings are supported by the proofs, and the judgment cannot properly be disturbed.
The testimony of plaintiff, and that of the witnesses produced by him, which tends to corroborate it, standing alone, is probably sufficient to prove the sewer a private nuisance and injury to plaintiff. "Were there no other testimony, it might well be assumed that these facts were proved, and that the plaintiff is entitled to judgment. But there is conflicting testimony on the subject. Other witnesses, having good opportunities to know the effect of the
By the Court.— The judgment of the circuit court is affirmed.