Willow River Club v. Wade
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for St. Croix ■county: W. F. Bailet, Judge. They contended, inter aUa, that in the riyers of this state, especially small streams like the Willow river, the rule of the common law obtains as to the right of fishery. Such waters are private waters except as against the public right of floating logs. The water and the soil thereunder and the right to fish therein are capable of private ownership and belong to the owner of the land.
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Appeal from a judgment of the circuit court for St. Croix ■county: W. F. Bailet, Judge. They contended, inter aUa, that in the riyers of this state, especially small streams like the Willow river, the rule of the common law obtains as to the right of fishery. Such waters are private waters except as against the public right of floating logs. The water and the soil thereunder and the right to fish therein are capable of private ownership and belong to the owner of the land. They are not the property of the state or of the whole people, and the people have no rights in such streams except the…
1Opinion of the CourtCassoday, C. J.
This is an action for trespass to recover $20 damages for taking fish, commenced in justice’s court. The defendant answered to the effect that he had a right to take the fish, and that the title to land would come in question, and gave the requisite bond, and the case was thereupon transferred to the circuit court,, where the cause was tried.
It appears from the record, and is undisputed, that at the times mentioned the plaintiff was a legally constituted corporation, duly organized and existing under the laws of Minnesota; that May 31, 1896, the plaintiff was the owner and in the possession…
2Cases cited37 opinions
- Shively v. BowlbySupreme Court of the United States · 1894
- The Daniel BallSupreme Court of the United States · 1871
- Hardin v. JordanSupreme Court of the United States · 1891
- The Propeller Genesee Chief v. FitzhughSupreme Court of the United States · 1852
- Barney v. KeokukSupreme Court of the United States · 1877
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3Cited by68 opinions
- United States v. Willow River Power Co.Supreme Court of the United States · 1945
- Muench v. Public Service CommissionWisconsin Supreme Court · 1952
- Illinois Steel Co. v. BilotWisconsin Supreme Court · 1901
- Diversion Lake Club v. HeathTexas Supreme Court · 1935
- Diana Shooting Club v. HustingWisconsin Supreme Court · 1914
63 more not listed; retrieve them via the Exa API.