Sweeney v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
APPEAL from, the Circuit Court for Lincoln County. The case is thus stated by Mr. Justice Taylok: “ This appeal is from an order overruling a general demurrer to the complaint.
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APPEAL from, the Circuit Court for Lincoln County. The case is thus stated by Mr. Justice Taylok: “ This appeal is from an order overruling a general demurrer to the complaint. “The complaint was intended to set out a cause of action in favor of the plaintiff on account of the obstruction of the navigable waters of the Wisconsin river, by reason of the maintenance of a railroad bridge by said defendant across said river, which obstruction caused the destruction of a raft of lumber owned by the plaintiff, while he was attempting to pass such raft between the abutments of said bridge. “ There…
1Opinion of the CourtTaylor, J.
After a careful reading of the complaint we •think the demurrer was properly overruled.
- The learned counsel for the appellant insists that because .the complaint does not in express terms show that in the construction and maintenance of said bridge the defendant has violated the provisions of either sec. 1605 or sec. 1837, R. S. 1878, it does not show a cause of action. These sections read as follows:
“ Section 1605. Every person or corporation that maintains any dam or bridge across the Wisconsin river, shall also maintain at one side of the slide over such dam, and at each end of the…
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