Young v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Dodge County. Tbe complaint avers, in substance, tbat tbe Bock Eiver Yal-ley Union Railroad Company, from wbom tbe defendant derived title, in tbe construction of its railroad, in 1858, across tbe plaintiff’s land, obstructed and diverted tbe course of a brook flowing tbereon; tbat when the railroad was building, tbe first design of tbe company was to construct a culvert so tbat tbe stream could keep its natural course, and stone was drawn…
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APPEAL from tbe Circuit Court for Dodge County. Tbe complaint avers, in substance, tbat tbe Bock Eiver Yal-ley Union Railroad Company, from wbom tbe defendant derived title, in tbe construction of its railroad, in 1858, across tbe plaintiff’s land, obstructed and diverted tbe course of a brook flowing tbereon; tbat when the railroad was building, tbe first design of tbe company was to construct a culvert so tbat tbe stream could keep its natural course, and stone was drawn there for tbat purpose, and was still lying unused; but tbat design was abandoned, and no passage way provided across tbe…
1Opinion of the CourtCole, J.
It probably would not be claimed by any one, that the railroad company which originally constructed the embank, ment, had the right so to construct it as to divert the stream from its natural channel, without the consent of the plaintiff. The principles of law bearing upon this question are too well settled to admit of doubt, even were there nothing in the char*175ter which imposed tbe duty on tbe company to restore tbe water-conrse to its natural state. But tbe charter itself expressly declared that when it should become necessary for tbe company to construct its road across any stream or…
2Cited by3 opinions
- Lyon v. Green Bay & Minnesota Railway Co.Wisconsin Supreme Court · 1877
- O'Connor v. Fond du Lac, Amboy & Peoria Railway Co.Wisconsin Supreme Court · 1881
- Chicago & Alton Railroad v. Kansas City, Independence & Park Railway Co.Supreme Court of Missouri · 1892