Legal Opinion

Merwin v. Houghton

Wisconsin Supreme Court

Decided June 1, 1911PublishedCited by 17 opinions

'Appeal from an order of the circuit court for Trempealeau county: E. C. IIigbee, Circuit Judge. This is a proceeding to secure the drainage of some swamp and marsh lands in the vicinity of the junction of the Trem-pealeau river with the Mississippi.' The district which it is proposed to drain is known as the Trempealeau bottom and comprises about 7,084 acres. It is about six miles long and of varying width up to about three miles.

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'Appeal from an order of the circuit court for Trempealeau county: E. C. IIigbee, Circuit Judge. This is a proceeding to secure the drainage of some swamp and marsh lands in the vicinity of the junction of the Trem-pealeau river with the Mississippi.' The district which it is proposed to drain is known as the Trempealeau bottom and comprises about 7,084 acres. It is about six miles long and of varying width up to about three miles. The tract extends along the Mississippi river, and, except for two openings in an embankment on which the main line of the Chicago, Burlington & Quincy Railroad…

1Opinion of the CourtSiebecKer, J.

The appellants assail the trial court’s findings pertaining to the material facts involved in the organization of the drainage district under the provisions of the statutes. It is contended that the organization of the drainage district pursuant to the proposed drainage scheme will not in fact be promotive of the public health or general welfare, that there are navigable streams and lakes within its boundaries which will be wholly diverted from their channels or annihilated, and that the public rights of hunting and fishing in and upon such waters will thus be wrongfully destroyed. The area…

2Cases cited13 opinions

  1. Willow River Club v. WadeWisconsin Supreme Court · 1898
  2. Donnelly v. DeckerWisconsin Supreme Court · 1883
  3. McLennan v. PrenticeWisconsin Supreme Court · 1893
  4. Boorman v. SunnuchsWisconsin Supreme Court · 1877
  5. Wisconsin River Improvement Co. v. LyonsWisconsin Supreme Court · 1872

8 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Diana Shooting Club v. HustingWisconsin Supreme Court · 1914
  2. Fox River Paper Co. v. Railroad CommissionSupreme Court of the United States · 1927
  3. Kootenai Environmental Alliance, Inc. v. Panhandle Yacht Club, Inc.Idaho Supreme Court · 1983
  4. City of Milwaukee v. StateWisconsin Supreme Court · 1927
  5. State v. Public Service CommissionWisconsin Supreme Court · 1957

12 more not listed; retrieve them via the Exa API.

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