Sellers v. Union Lumbering Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Ghipjyevxo County. Action for a balance claimed to be due plaintiff on a sale of certain saw logs.
Read the full summary
APPEAL from the Circuit Court for Ghipjyevxo County. Action for a balance claimed to be due plaintiff on a sale of certain saw logs. The defendant, in its answer, among other counterclaims, set up a claim, under ch. 12, Laws of 1873, for toll upon certain logs floated by the plaintiff down the Yellow river, by the aid of its improvements constructed therein prior to November, 1872, and down to the commencement of the action, and alleged by it to have been erected and maintained at an expense of eighteen thousand dollars. Upon the trial, all testimony under this counterclaim was excluded by…
1Opinion of the CourtRyaN, C. J.
It was agreed by counsel. on tbe argument that Yellow river, tbe subject of cb. 12 of 1873, was, prior to tbe passage of that statute and to tbe improvement of it by tbe appellant, of sufficient capacity to float logs; tbougb its capacity was materially increased by tbe works of tbe appellant. Tbe river was therefore a public highway. Whisler v. Wilkinson, 22 Wis., 572.
Tbe statute of 1873 authorizes any person, company or cor*527poration, tbeir successors or assigns, wbto shall ham, at prescribed expense, improved tbe river by prescribed works, and shall keep tbe same in repair, so as' to…
2Cases cited8 opinions
- Bank of Augusta v. EarleSupreme Court of the United States · 1839
- Frakes v. BrownIndiana Supreme Court · 1830
- Ames v. Port Huron Log Driving & Booming Co.Michigan Supreme Court · 1863
- Whisler v. WilkinsonWisconsin Supreme Court · 1868
- Stroud v. City of Stevens PointWisconsin Supreme Court · 1875
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Willow River Club v. WadeWisconsin Supreme Court · 1898
- Appeal of Black Hawk Land Co.Wisconsin Supreme Court · 1909
- Stevens Point Boom Co. v. ReillyWisconsin Supreme Court · 1878
- A. C. Conn Co. v. Little Suamico Lumber Manufacturing Co.Wisconsin Supreme Court · 1889
- Weatherby v. MeiklejohnWisconsin Supreme Court · 1882
11 more not listed; retrieve them via the Exa API.