Olson v. Merrill
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Jackson County. Action for damages alleged to have been sustained by the plaintiff hy reason of defendant’s obstructing the waters of Levis creek by a dam therein about six miles above the mouth of the creek, and thus preventing plaintiff from floating logs, from a point about two miles higher up said creek, to his mill at the mouth thereof.
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APPEAL from tbe Circuit Court for Jackson County. Action for damages alleged to have been sustained by the plaintiff hy reason of defendant’s obstructing the waters of Levis creek by a dam therein about six miles above the mouth of the creek, and thus preventing plaintiff from floating logs, from a point about two miles higher up said creek, to his mill at the mouth thereof. The complaint alleges that the owners of the mill at the mouth of Levis creek (which had been in existence since 1843) always depended upon said creek for logs to supply their mills; that such logs were cut in the winter…
1Opinion of the Court
RyAN, O. J.
I. Whether the stream in this case be in fact navigable or not, the title to the bed of the stream is in the appellant, as owner of both banks. This has been the uniform rule of decision in this state from the beginning. Jones v. Pettibone, 2 Wis., 308; Walker v. Shepardson, 4 id., 486; Mariner v. Schulte, 13 id., 692; Arnold v. Elmore, 16 id., 509; Yates v. Judd, 18 id., 118; and other cases.
It is true that, in delivering the judgment of the court in Wis. r. I. co. v. Lyons, 30 Wis., 61, Dixon, C. J., suggests *211that the rule establisbed in Jones v. Pettibone, as applied to…
2Cases cited7 opinions
- Yates v. MilwaukeeSupreme Court of the United States · 1871
- Railroad Co. v. SchurmeirSupreme Court of the United States · 1869
- Wisconsin River Improvement Co. v. LyonsWisconsin Supreme Court · 1872
- Jones v. PettiboneWisconsin Supreme Court · 1853
- Steamboat Magnolia v. MarshallMississippi Supreme Court · 1860
2 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Muench v. Public Service CommissionWisconsin Supreme Court · 1952
- Willow River Club v. WadeWisconsin Supreme Court · 1898
- Diana Shooting Club v. HustingWisconsin Supreme Court · 1914
- Norcross v. GriffithsWisconsin Supreme Court · 1886
- Cohn v. Wausau Boom Co.Wisconsin Supreme Court · 1879
25 more not listed; retrieve them via the Exa API.