Johnson v. Boorman
Wisconsin Supreme Court
APPEAL from the Circuit Court for Wmolcesha County. This action was commenced in April, 1880, under the mill-dam act, to recover damages for the flowage of land. The complaint alleges, among other things, that in 1874 the defendant filled up the waste weir in his dam “ and raised said dam from what it was previous thereto, to the height of two feet and more, and from that date has kept up and maintained the same at an unreasonable height.”
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APPEAL from the Circuit Court for Wmolcesha County. This action was commenced in April, 1880, under the mill-dam act, to recover damages for the flowage of land. The complaint alleges, among other things, that in 1874 the defendant filled up the waste weir in his dam “ and raised said dam from what it was previous thereto, to the height of two feet and more, and from that date has kept up and maintained the same at an unreasonable height.” The answer denies that in 1874 or at any other time within the ten years before the commencement of the action the waste weir was filled up or the dam…
1Opinion of the Court
The following opinion was filed March 3, 1885:
Cole, C. J.
The first error assigned for a reversal of the judgment is the refusal of the court below to admit in evidence the deed from the defendant and wife to Inglehart, for the purpose of showing the reservation on the part of *271the defendant of the right to control the waste weir and the flow of water from the dam. When the deed was first offered in evidence the court only admitted it for the purpose of enabling the witness, S. T. Bolles, to fix the date. The witness had already given the date, and the deed was received apparently to confirm…
2Cases cited5 opinions
- Washburn v. Milwaukee & Lake Winnebago RailroadWisconsin Supreme Court · 1884
- Brown v. ParkerWisconsin Supreme Court · 1871
- Cobb v. SmithWisconsin Supreme Court · 1875
- Pierce v. SeymourWisconsin Supreme Court · 1881
- Haag v. DelormeWisconsin Supreme Court · 1872
3Cited by8 opinions
- State Ex Rel. O'Connor v. SorensonSupreme Court of Iowa · 1937
- Solberg v. Robbins Lumber Co.Wisconsin Supreme Court · 1911
- Murray v. ScribnerWisconsin Supreme Court · 1887
- Groundwater v. Town of WashingtonWisconsin Supreme Court · 1896
- Kelley v. SalvasWisconsin Supreme Court · 1911
3 more not listed; retrieve them via the Exa API.