Sweaney v. United States
Wisconsin Supreme Court
APPEAL from the Circuit Court for Columbia County. Upon the petition of the plaintiff, Charles Smaney, the circuit court appointed commissioners to ascertain and appraise the compensation to be made by the United States to the plaintiff for injuries to his lands upon the Fox river caused by the erection of a dam across said river at Govern- or’s bend, by the Fox and Wisconsin Improvement Company.
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APPEAL from the Circuit Court for Columbia County. Upon the petition of the plaintiff, Charles Smaney, the circuit court appointed commissioners to ascertain and appraise the compensation to be made by the United States to the plaintiff for injuries to his lands upon the Fox river caused by the erection of a dam across said river at Govern- or’s bend, by the Fox and Wisconsin Improvement Company. The commissioners assessed the damages to said lands, and from their award the defendant appealed to the circuit court. At the trial in that court the plaintiff was allowed to amend his petition by…
1Opinion of the CourtOrtoN, J.
The main facts are that in 1865 the Fox and Wisconsin Improvement Company constructed a dam across the Fox river at Governor’s bend, in the town of Fort Winnebago, county of Columbia, for the use of the improvement of the Fox and Wisconsin rivers, etc., which caused the waters of said river to overflow and otherwise injure the lands in question. The plaintiff first became the owner of said lands in 1867, by deeds from one Lawrence Sweaney, who *398owned the same when said dam was ■ built and the flowage commenced. The amended complaint or petition states that said dam was raised about a foot…
2Cases cited5 opinions
- Pumpelly v. Green Bay Co.Supreme Court of the United States · 1872
- United States v. JonesSupreme Court of the United States · 1883
- Pomeroy v. Chicago & Milwaukee RailroadWisconsin Supreme Court · 1870
- Pick v. Rubicon Hydraulic Co.Wisconsin Supreme Court · 1871
- Jones v. United StatesWisconsin Supreme Court · 1880
3Cited by8 opinions
- United States v. SargentCourt of Appeals for the Eighth Circuit · 1908
- Milwaukee & Northern Railroad v. StrangeWisconsin Supreme Court · 1885
- Green Bay & Mississippi Canal Co. v. Kaukauna Water Power Co.Wisconsin Supreme Court · 1888
- Wisconsin Power & Light Co. v. Public Service CommissionWisconsin Supreme Court · 1939
- Schlesinger v. StateWisconsin Supreme Court · 1929
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