Stoughton v. State
Wisconsin Supreme Court
This was an indictment for nuisance in keeping up and maintaining a mill dam in the county of Rock, in which it is charged that, by means of said dam", the waters of Rock River were set back and caused to flow upon the lands around Koshkonong Lake, in the county of Jefferson, causing sickness and overflowing highways. The indictment was found in the county of Jefferson, and was tried, upon change of venue, in Waukesha county.
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This was an indictment for nuisance in keeping up and maintaining a mill dam in the county of Rock, in which it is charged that, by means of said dam", the waters of Rock River were set back and caused to flow upon the lands around Koshkonong Lake, in the county of Jefferson, causing sickness and overflowing highways. The indictment was found in the county of Jefferson, and was tried, upon change of venue, in Waukesha county. It charges that the defendant, “on the 10th of September, 1855, and on divers other days before and since, doth unlawfully keep _ and maintain, upon a part of section…
1Opinion of the Court
By the Court,
Whitojst, C. J.
The plaintiff in error was indicted for keeping up and maintaining a dam across Rock River, which is alleged to be a nuisance. At the trial, a number of exceptions were taken to the ruling of the judge before whom the cause was tried, but we shall confine our remarks to one. It appears that the plaintiff in error contended at the trial, that he was authorized by an act of the legislature of the territory of Wisconsin, and by acts amendatory thereof, to keep up and maintain the dam in question; and introduced in evidence copies of the acts, and testimony to show a…
2Cited by15 opinions
- State v. City of Eau ClaireWisconsin Supreme Court · 1876
- In re EldredWisconsin Supreme Court · 1879
- Neaderhouser v. StateIndiana Supreme Court · 1867
- Dugan v. StateIndiana Supreme Court · 1890
- Cobb v. SmithWisconsin Supreme Court · 1863
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