Vliet v. Sherwood
Wisconsin Supreme Court
APPEAL from the Circuit Court for Green Lake County. Action for the recovery of damages alleged to have been sustained by plaintiff, a mill owner, on account of defendant’s withholding the usual supply of water from his reservoir situated above plaintiff’s mill; and also for an injunction. Plaintiff claimed a prescriptive right to the flow of water from defendant’s reservoir, growing out of twenty years user. The allegations of the complaint are fully stated in the opinion.
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APPEAL from the Circuit Court for Green Lake County. Action for the recovery of damages alleged to have been sustained by plaintiff, a mill owner, on account of defendant’s withholding the usual supply of water from his reservoir situated above plaintiff’s mill; and also for an injunction. Plaintiff claimed a prescriptive right to the flow of water from defendant’s reservoir, growing out of twenty years user. The allegations of the complaint are fully stated in the opinion. A demurrer to the complaint as not stating a cause of action was overruled ; and the defendant appealed from the order.…
1Opinion of the CourtCole, J.
The plaintiff rests her case entirely upon the prescriptive right which she claims she has acquired to the flow of the water in the stream, from the defendant’s reservoir to her mill, in the same manner it has been accustomed to flow for the past twenty years. This is the foundation of the action. She does not base her claim to the relief asked upon the ground that she as riparian owner is entitled to the natural flow of the water through her lands, which is interfered with by the defendant; nor upon the ground that the defendant does not permit as much water to pass his dam as would…
2Cases cited1 opinion
- Brace v. YaleMassachusetts Supreme Judicial Court · 1867
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- Lakeside Manufacturing Co. v. City of WorcesterMassachusetts Supreme Judicial Court · 1904
- Gojmerac v. MahnCourt of Appeals of Wisconsin · 2001
- Lawrie v. SilsbySupreme Court of Vermont · 1904
- Charnley v. Shawano Water Power & River Improvement Co.Wisconsin Supreme Court · 1901
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