41 Wis. 144 | Wis. | 1876
Under the charge of the circuit court, the jury must have found that the city authorities constructed, or caused to be constructed, the graded street or causeway across the bottom in a negligent and unskillful manner, without providing sufficient culverts, bridges or sewers to enable the waters of the Wisconsin river, at times of high water, to pass through or flow in their natural course toward or into the Baraboo river, and that, as a consequence, the waters were obstructed, and overflowed the premises of the plaintiff, and caused the injury of which he complains. There was certainly abundant testimony to support such a finding; and we are unable to see why a cause of action was not established against the city. It would seem plain that the city authorities had no right to construct the street in a negligent and unskillful manner, and thus cause the waters to be obstructed and overflow the property of citizens. The injury was direct, caused by the failure to provide sufficient culverts for the passage of
In the case before us it is obvious that the waters which were obstructed were not surface waters. They were the waters of the "Wisconsin river, which, in its usual high stages, were accustomed to flow across this bottom into the Raraboo river. The effect of the road obviously would be to dam these waters, and proper and sufficient culverts should have been provided for passing the waters through the embankment. But, because the road was negligently and unskillfully built,
The position that the city authorities, in making the street, were acting judicially, so that the city would not be liable even if the work was negligently done, is, we think, too manifestly unsound to require argument in its refutation.
By the Oowrt. — The judgment of the circuit court is affirmed.