Green Bay & Mississippi Canal Co. v. Kaukauna Water Power Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Outagamie County. The plaintiff corporation controls and uses a portion of a water-power at Kaukauna, in this state, created by a dam across the Fox river at that place, which was erected for the purpose of improving the navigation of that river, and claims to own all the surplus water-power created by such dam.
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APPEAL from the Circuit Court for Outagamie County. The plaintiff corporation controls and uses a portion of a water-power at Kaukauna, in this state, created by a dam across the Fox river at that place, which was erected for the purpose of improving the navigation of that river, and claims to own all the surplus water-power created by such dam. The water is drawn by the plaintiff from the pond above the dam, into a canal on the north side of the river, and is there used by lessees of the plaintiff to propel machinery. The canal is a part of the improvement, and is navigated by boats and…
1Opinion of the Court
The following opinion was filed December 13, 1881:
Lyon, J.
The controlling question in this case is, Has the defendant The Kaukauna Water-Power Company the right to cut the embankment on lots 5 and 6, on the south side of the river, and draw water from the pond made by the Kaukauna dam, for the purpose of propelling machinery located on its canal below the dam? The solution of this *650question requires the determination of several other questions which will be stated and considered in their order.
1. The claim of the plaintiff corporation to all the surplus water-power created by the dam is based…
2Cases cited8 opinions
- Pumpelly v. Green Bay Co.Supreme Court of the United States · 1872
- United States v. JonesSupreme Court of the United States · 1883
- Attorney General v. City of Eau ClaireWisconsin Supreme Court · 1875
- Wisconsin River Improvement Co. v. LyonsWisconsin Supreme Court · 1872
- Arimond v. Green Bay & Mississippi Canal Co.Wisconsin Supreme Court · 1872
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Pikes Peak Power Co. v. City of Colorado SpringsCourt of Appeals for the Eighth Circuit · 1900
- Bell v. City of PlattevilleWisconsin Supreme Court · 1888
- City of Colorado Springs v. Colorado CitySupreme Court of Colorado · 1908
- Edwards v. City of CheyenneWyoming Supreme Court · 1911
- State ex rel. Wausau Street Railroad v. BancroftWisconsin Supreme Court · 1912
9 more not listed; retrieve them via the Exa API.