Falls Manufacturing Co. v. Oconto River Improvement Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Oconto County. This action was commenced September 28, 1891, to perpetually restrain the defendants from interfering with or interrupting the natural flow of the Oconto river at the plaintiff’s pulp mill and mill dam, so as to impair the usefulness of its water power, and for $15,000 damages already caused in 1891, prior to the commencement of this action, by the wrongful acts complained of, and such damages as should accrue thereafter…
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APPEAL from the Circuit Court for Oconto County. This action was commenced September 28, 1891, to perpetually restrain the defendants from interfering with or interrupting the natural flow of the Oconto river at the plaintiff’s pulp mill and mill dam, so as to impair the usefulness of its water power, and for $15,000 damages already caused in 1891, prior to the commencement of this action, by the wrongful acts complained of, and such damages as should accrue thereafter during the pendency of this suit, and for costs. The answer consists of admissions, denials, and counter allegations, and…
1Opinion of the CourtCassoday, J.
This case comes before us upon the findings of the court, and so there is no dispute about the facts. The plaintiff’s mill dam and manufacturing plant were constructed under legislative authority, and are of great value. They are situated sixteen miles above the mouth of the river, and have always been used exclusively for manufacturing purposes. The statutes authorizing the same have at all times required the proprietor to maintain in the dam a chute or slide sufficient^ deep and wide to allow the passage of logs coming down the river. The same is true of other dams above and below the…
2Cases cited21 opinions
- Monongahela Navigation Co. v. United StatesSupreme Court of the United States · 1893
- The MontelloSupreme Court of the United States · 1874
- Willamette Iron Bridge Co. v. HatchSupreme Court of the United States · 1888
- South Carolina v. GeorgiaSupreme Court of the United States · 1876
- Huse v. GloverSupreme Court of the United States · 1886
16 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Diana Shooting Club v. HustingWisconsin Supreme Court · 1914
- Appeal of Black Hawk Land Co.Wisconsin Supreme Court · 1909
- DeGayner & Co. v. Department of Natural ResourcesWisconsin Supreme Court · 1975
- Munninghoff v. Wisconsin Conservation CommissionWisconsin Supreme Court · 1949
- Haas v. HutsonWisconsin Supreme Court · 1924
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