Legal Opinion

Wisconsin River Improvement Co. v. Manson

Wisconsin Supreme Court

Decided August 15, 1877PublishedCited by 20 opinions

APPEAL from the Circuit Court for Brown County. Action to recover a certain sum, and to establish and enforce a lien therefor on lumber of the defendant, for tolls alleged to have accrued by reason of the running of the lumber over plaintiff’s improvements in the Wisconsin river at Grand Rapids and the Lower Rapids. The substance of the complaint, and of the answer so far as it merely sets up a defense, is stated in the opinion.

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APPEAL from the Circuit Court for Brown County. Action to recover a certain sum, and to establish and enforce a lien therefor on lumber of the defendant, for tolls alleged to have accrued by reason of the running of the lumber over plaintiff’s improvements in the Wisconsin river at Grand Rapids and the Lower Rapids. The substance of the complaint, and of the answer so far as it merely sets up a defense, is stated in the opinion. The answer also contained ,a counterclaim, for damages accruing to defendant in consequence of inj uries to his rafts of lumber, caused by the erection of plaintiff’s…

1Opinion of the CourtCole, J.

The questions arising on this appeal are important, and not easy of solution. The plaintiff was incorporated in 1853 for the declared purpose of improving the navigation of the Wisconsin river from Stevens Point to Point Bass, in Portage county, in any manner the incorporators should deem most expedient. Sec. 1, ch. 30, P. & L. Laws of 1853. Por the purpose of carrying out the objects of the act, the company was expressly authorized to erect and maintain such dams and piers at such points on the river between the termmii as should seem necessary for the suitable improvement of the navigation…

2Cases cited5 opinions

  1. Wisconsin River Improvement Co. v. LyonsWisconsin Supreme Court · 1872
  2. Spooner v. McConnellU.S. Circuit Court for the District of Ohio · 1838
  3. Cox v. StateIndiana Supreme Court · 1833
  4. Palmer v. Cuyahoga CountyU.S. Circuit Court for the District of Ohio · 1843
  5. Illinois River Packet Co. v. Peoria Bridge Ass'nIllinois Supreme Court · 1865

3Cited by20 opinions

  1. State v. JackmanWisconsin Supreme Court · 1973
  2. J. S. Keator Lumber Co. v. St. Croix Boom Corp.Wisconsin Supreme Court · 1888
  3. Cohn v. Wausau Boom Co.Wisconsin Supreme Court · 1879
  4. Wisconsin River Improvement Co. v. PierWisconsin Supreme Court · 1908
  5. Appeal of Black Hawk Land Co.Wisconsin Supreme Court · 1909

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