Whisler v. Wilkinson
Wisconsin Supreme Court
APPEAL from tlie Circuit Court for Monroe County. The plaintiff was owner of a saw mill and certain land adjacent thereto, on the Kickapoo River in this state, the power for which mill is created hy a dam across said river on plaintiff’s land. The defendants were owners of saw mills lower down on the same stream.
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APPEAL from tlie Circuit Court for Monroe County. The plaintiff was owner of a saw mill and certain land adjacent thereto, on the Kickapoo River in this state, the power for which mill is created hy a dam across said river on plaintiff’s land. The defendants were owners of saw mills lower down on the same stream. The complaint avers that, on the 9th of June, 1866, defendants- broke and entered the close of the plaintiff, and cut away a levee thereon about fifteen rods above the dam, so as to let the water out of plaintiff’s pond and turn the river out of its natural course, forming a new…
1Opinion of the CourtDixon, C. J.
The rivers of this state capable of floating the products of the country, such as saw-logs or rafts of lumber, to mill or market, are by the common law public highways by water; The authorities cited by counsel for the defendants are abundant to this point. It would be exceedingly detrimental to the public interests,, especially in the pine-growing regions of the state, if this were not so. The river upon which the plaintiff’s mill is situated, is of this character. It appears from the testimony of some of her own witnesses, that it is large enough above her mill to float logs of the common…
2Cited by20 opinions
- Willow River Club v. WadeWisconsin Supreme Court · 1898
- Village of Pewaukee v. SavoyWisconsin Supreme Court · 1899
- Mendota Club v. AndersonWisconsin Supreme Court · 1899
- Wisconsin River Improvement Co. v. LyonsWisconsin Supreme Court · 1872
- Olson v. MerrillWisconsin Supreme Court · 1877
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