Zombkowski v. Wisconsin River Power Co‪.‬

Action brought by the plaintiff, Margie Zombkowski, against the defendant, Wisconsin River Power Company, a Wisconsin corporation,
to recover damages to her land, the buildings thereon, and contents thereof caused by the construction by the defendant of
the Petenwell dam. The buildings consisted of a residence, tavern, and dance hall. The damages were alleged to have been caused
by the raising of the natural water level of the Wisconsin river to such an extent that plaintiff's property was partially
overflowed and the sub-surface thereof permeated with water and moisture. It was also alleged that the condition would be
permanent. The following are portions of allegations contained in the answer of the defendant: '* * * that the defendant and the engineers in charge of the construction of said project had no information or belief that
property located several miles from the reservoir created by said dam would be injured or affected thereby; that plaintiff's
property is located some three (3) miles from defendant's dam and reservoir; that after the completion of said dam and the
filling of said reservoir, plaintiff and others similarly located complained of effects by seepage from the waters of said
reservoir; that defendant immediately started an investigation and survey of the area to ascertain the cause of plaintiff's
damage, first believing that it resulted from the heavy rains in that area; that after said surveys were completed and the
opinion of experts was sought from the data submitted to them, the defendant concluded that the plaintiff was damaged by seepage
from its reservoir created by said dam; * * * that defendant has always been and is now willing to compensate the plaintiff
fully for any damage which it has caused the plaintiff or may cause the plaintiff in the future and freely admits that it
has caused plaintiff some damage by reason of the operation of said project.