Town of Marion v. Southern Wisconsin Power Co.

{dissenting). With so much.of the majority opinion as determines that there is a right of action to recover for amounts expended in repairing town highways damaged by the back water of defendant’s dam I cannot agree.

It is conceded that the defendant’s dam built in 1909' was erected across one of the navigable streams of this state which, under the constitution, art. IX, sec. 1, must remain forever free to the citizens of the United States as well as to the inhabitants of this state, and that such dam was erected and has been maintained pursuant to the express legislative authority given by…