Fisher v. Horicon Iron & Man. Co.
Wisconsin Supreme Court
APPEAL PROM CIRCUIT COURT, MILWAUKEE COUNTY. This was an action commenced by Lucius G-. Fisher against the Horicon Iron and Manufacting Company, for damages in the construction of a dam across the Rock river at Horicon, whereby the waters of the river were made to overflow five hundred acres of lands of the plaintiff.
Read the full summary
APPEAL PROM CIRCUIT COURT, MILWAUKEE COUNTY. This was an action commenced by Lucius G-. Fisher against the Horicon Iron and Manufacting Company, for damages in the construction of a dam across the Rock river at Horicon, whereby the waters of the river were made to overflow five hundred acres of lands of the plaintiff. The answer of the defendant set up as a defense : 1. The act to authorize A. G-. Ellis and others to erect a dam at the place where this is erected, approved March 9, 1839. 2. The “ act in relation to mills and mill dams,” approved January 13, 1840. 3. The “ act to incorporate…
1Opinion of the Court
By the Court,
Cole, J.
The principal question discussed by counsel in this case was, the constitutionality of the law commonly called the mill dam act. ' If that law, and the special acts referred to in the answer are assumed to be constitutional, it would seem to follow, as a necessary consequence, that this action cannot be maintained. For these statutes expressly take away the common law remedy for damages occasioned by the erection of dams, and flowage of land, and substitute a statutory remedy, provided in the acts themselves. Hence the main question, which we were invited to consider, is,…
2Cases cited4 opinions
- Pratt v. BrownWisconsin Supreme Court · 1854
- Newcomb v. SmithWisconsin Supreme Court · 1849
- Thien v. VoegtlanderWisconsin Supreme Court · 1854
- Stephens v. MarshallWisconsin Supreme Court · 1851
3Cited by22 opinions
- Attorney General v. City of Eau ClaireWisconsin Supreme Court · 1875
- State Ex Rel. Richards v. MoorerSupreme Court of South Carolina · 1929
- State ex rel. Van Alstine v. FrearWisconsin Supreme Court · 1910
- City of Pontiac v. CarterMichigan Supreme Court · 1875
- Dayton Gold & Silver Mining Co. v. SeawellNevada Supreme Court · 1876
17 more not listed; retrieve them via the Exa API.