Folsom v. Apple River Log-Driving Co.
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Polio county. Action for damage to plaintiff’s lands, consisting chiefly of bay meadow along and adjacent to Apple river, a navigable stream.
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APPEAL from tbe Circuit Court for Polio county. Action for damage to plaintiff’s lands, consisting chiefly of bay meadow along and adjacent to Apple river, a navigable stream. The complaint avers that for four years defendant had maintained certain dams upon said river and its tributaries above plaintiff’s lands; tbat during the summer and fall of eacb of said years, it accumulated, by means of said dams, larg’e bodies of water above tbe same, and, at divers times during those seasons, unlawfully permitted the waters so accumulated to be discharged down Apple river in large quantities, by…
1Opinion of the CourtCole, J.
One exception relied on for a reversal of the judgment is that taken to the ruling of the circuit court holding that the witness Folsom might resort to a paper to refresh his memory as to matters about which he was testifying. The witness gave this account of the paper: “ This memorandum,” he said, “ is a copy drawn recently from an original which I made at the time of the facts or occurrences it refers to. This copy was made in town — some of them in Alden. This paper was drawn from and is a copy of a paper which I copied from my original memorandum of the facts at the time of their…
2Cases cited7 opinions
- Francis v. . SchoellkopfNew York Court of Appeals · 1873
- Benjamin v. BenjaminSupreme Court of Connecticut · 1843
- Chicago & Alton Railroad v. AdlerIllinois Supreme Court · 1870
- Chase v. New York Central Rail RoadNew York Supreme Court · 1857
- Huff v. . BennettNew York Court of Appeals · 1852
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3Cited by17 opinions
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- Lester v. Highland Boy Gold Mining Co.Utah Supreme Court · 1904
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