Jackson Milling Co. v. Chandos
Wisconsin Supreme Court
APPEALS from the Circuit Court for Fond du Lac County. This action was originally brought against Marian L. Bensley to perpetually enjoin her from drawing down the head of water in a certain canal described in the complaint below eleven feet, and to have plaintiff’s right to draw 2,000 inches of water under an eleven-foot head from such canal adjudged superior to the right of defendant to draw any water therefrom.- Marian L. Bensley having died before judgment, the action…
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APPEALS from the Circuit Court for Fond du Lac County. This action was originally brought against Marian L. Bensley to perpetually enjoin her from drawing down the head of water in a certain canal described in the complaint below eleven feet, and to have plaintiff’s right to draw 2,000 inches of water under an eleven-foot head from such canal adjudged superior to the right of defendant to draw any water therefrom.- Marian L. Bensley having died before judgment, the action was revived against her administrator and heirs at law. The water-power in controversy is situated on the west bank of the…
1Opinion of the Court
.Winslow, J.
The plaintiff corporation owns the paramount right to draw from the canal in question 2,000 inches of water under an eleven-foot head. The defendants own the canal and water-power subject to the plaintiff’s right to use its 2,000 inches of water at the head named, and the main question in controversy is as to the meaning, of the *444term “ 2,000 inches of water,” as used, in the deeds under which plaintiff claims.
It will be seen that the question at issue is substantially the same as one of the questions involved in the case of Jamesville Cotton Mills v. Ford, ante, p. 416, the only…
2Cases cited1 opinion
- Ganson v. MadiganWisconsin Supreme Court · 1862
3Cited by7 opinions
- Skalicky v. Friendship Electric Light & Power Co.Wisconsin Supreme Court · 1927
- Vermont Shade Roller Co. v. Burlington Traction Co.Supreme Court of Vermont · 1930
- New Brantner Extension Ditch Co. v. KramerSupreme Court of Colorado · 1914
- Moore v. Chesapeake & Ohio Railway Co.Supreme Court of Virginia · 1933
- Appleton Paper & Pulp Co. v. Kimberly & Clark Co.Wisconsin Supreme Court · 1898
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