Cranberry Creek Drainage District v. Elm Lake Cranberry Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Wood county: Byron B. Park, Circuit Judge. Action for an injunction, begun in 1913, to restrain defendants from diverting water from Hemlock and Hay creeks and discharging the same into plaintiff’s drainage district. Plaintiff is a drainage district corporation'organized in 1906 under the provisions of secs. 1379 — 11 to 1379 — 39 inclusive of the Statutes of 1898 and the amendments thereof.
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Appeal from a judgment of the circuit court for Wood county: Byron B. Park, Circuit Judge. Action for an injunction, begun in 1913, to restrain defendants from diverting water from Hemlock and Hay creeks and discharging the same into plaintiff’s drainage district. Plaintiff is a drainage district corporation'organized in 1906 under the provisions of secs. 1379 — 11 to 1379 — 39 inclusive of the Statutes of 1898 and the amendments thereof. Its ditches were not dug till about the year 1908. In 1901 the defendants dug a canal from Hemlock and Hay creeks to the Cranberry creek watershed, and…
1Opinion of the Court
The following opinion was filed November 4, 1919:
Vinje, J.
The defendants’ contentions necessarily involved in disposing of the appeal are: (1) plaintiff cannot maintain the action; (2) it cannot invoke the invalidity of *365the laws under which they claim the right to divert and discharge the waters; (3) they have gained a prescriptive right to their use of the waters; (4) they have such right under the provisions of secs. 1472 to 1478 inclusive of the Statutes of 1898; (5) they have such right under ch. 265, Laws 1893, as amended by ch. 80, Laws 1895; and (6) no damages are shown and hence no…
2Cases cited11 opinions
- Pettigrew v. Village of EvansvilleWisconsin Supreme Court · 1870
- Diana Shooting Club v. LamoreuxWisconsin Supreme Court · 1902
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- Ramsdale v. FooteWisconsin Supreme Court · 1882
- In re Theresa Drainage DistrictWisconsin Supreme Court · 1895
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3Cited by7 opinions
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- Tenpas v. Department of Natural ResourcesCourt of Appeals of Wisconsin · 1987
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