Karns v. Allen
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Kenosha county: Waekew D. Tarrastt, Judge. This action was commenced in equity on the 27th day of Eebruary, 1905, against Nathan Allen and Charles W. Allen to abate a nuisance alleged to be caused by the construction and maintenance of a dam across Pike creek in the city of Kenosha, and for damages and general relief.
Read the full summary
Appeal from a judgment of tbe circuit court for Kenosha county: Waekew D. Tarrastt, Judge. This action was commenced in equity on the 27th day of Eebruary, 1905, against Nathan Allen and Charles W. Allen to abate a nuisance alleged to be caused by the construction and maintenance of a dam across Pike creek in the city of Kenosha, and for damages and general relief. The plaintiffs •are the owners of lands on the westerly side of said creek, and the defendants Nathan and Charles T7. Allen, prior to the commencement of the action and down to August 1, 1905, were the owners of lands on the…
1Opinion of the CourtKeRWIh, J.
1. Error is assigned because the court gave judgment against all defendants for the entire damages resulting from the erection and maintenance of the dam. This error is based upon the contention that in any event the defendant corporation could only be liable for damages accruing after the sale to it, and that the defendants Nathan and Charles W. Allen could only be liable for damages accruing before sale to the corporation. In the supplemental complaint, made and filed after sale to defendant corporation, it is alleged upon information and belief that said defendant corporation, as an…
2Cases cited5 opinions
- Vandevoort v. . GouldNew York Court of Appeals · 1867
- Robinson v. Superior Rapid Transit Railway Co.Wisconsin Supreme Court · 1896
- Stadler v. GriebenWisconsin Supreme Court · 1884
- Carmichael v. City of TexarkanaU.S. Circuit Court for the District of Western Arkansas · 1899
- Haberman v. GasserWisconsin Supreme Court · 1899
3Cited by34 opinions
- Superior Construction Co. v. ElmoCourt of Appeals of Maryland · 1954
- Bush v. GaffneyCourt of Appeals of Texas · 1935
- Coca-Cola Co. v. Dixi-Cola Laboratories, Inc.Court of Appeals for the Fourth Circuit · 1946
- Hasslinger v. Village of HartlandWisconsin Supreme Court · 1940
- Entzminger v. Ford Motor Co.Wisconsin Supreme Court · 1970
29 more not listed; retrieve them via the Exa API.