Jacobs v. Hershey Lumber Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Burnett county: A. J. Vinje, Circuit Judge. The plaintiff owns two forty-acre tracts of meadow land in Burnett county, bordering on the Clam river, a logging stream tributary to the St. Croix river. Defendant is a Minnesota corporation manufacturing lumber at Stillwater, Minnesota.
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Appeal from a judgment of the circuit court for Burnett county: A. J. Vinje, Circuit Judge. The plaintiff owns two forty-acre tracts of meadow land in Burnett county, bordering on the Clam river, a logging stream tributary to the St. Croix river. Defendant is a Minnesota corporation manufacturing lumber at Stillwater, Minnesota. The plaintiff alleges that in the winter of 1900-01 the defendant cut and piled logs on the ice in Clam river opposite his meadow in such quantities that they broke through the ice and formed a dam, which remained in the river until about June 1, 1901, causing the…
1Opinion of the CourtWinslow, J.
A number of errors in the rulings upon evidence are alleged, but as they cannot in any way affect the question which we deem decisive of the case they will not be considered.
While the- evidence of the plaintiff tended to show that large quantities of logs bearing the defendant’s marks were piled on the ice in the Clam river during the winter of 1900 and 1901, causing a jam, as a result of which the plaintiff’s meadow was overflowed and damaged, the evidence also showred, without material dispute, that the defendant was at no time in control of the logs or responsible for the manner in which…
2Cited by1 opinion
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