Seymour v. Carpenter
Wisconsin Supreme Court
APPEAL from the Circuit Court for Saule County. The action was brought under chapter 146, R. S., entitled “Of mills and mill dams,” to obtain compensation for the alleged flowing of the land described in the complaint, by means of the mill dam of the defendants.
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APPEAL from the Circuit Court for Saule County. The action was brought under chapter 146, R. S., entitled “Of mills and mill dams,” to obtain compensation for the alleged flowing of the land described in the complaint, by means of the mill dam of the defendants. The allegations of the complaint in respect to the title to the land flowed are, substantially, that the plaintiff Seymour holds the legal title thereto; that the plaintiff Htmter is in possession of the land under contract with Seymour for the purchase of the same; and that a large amount of the agreed price or purchase money remains…
1Opinion of the CourtLyoh, J.
The result of an action brought under chapter 146, R. S., is, or may be, to vest in the defendant a perpetual right to flow the land of the plaintiff. The compensation therefor may be the payment of a sum of money annually, or a gross sum, as the plaintiff' may elect. Sections 3381, 3387. The payment of the compensation fixed by the jury, whether annual or gross, gives the defendant an easement or servitude in the land flowed. Uo action at common law can be maintained for past damages occasioned by the flowing. Such damages must be determined in the same action in which compensation for…
2Cases cited1 opinion
- School Districts v. EdwardsWisconsin Supreme Court · 1879
3Cited by6 opinions
- Northwestern Ohio Natural Gas Co. v. First Congregational ChurchOhio Supreme Court · 1933
- Reyer v. BlaisdellColorado Court of Appeals · 1914
- Cornell University v. MeadWisconsin Supreme Court · 1891
- Woelfel v. New England Mutual Life InsuranceWisconsin Supreme Court · 1923
- Permanent Ins. Co. v. CoxOhio Court of Appeals · 1955
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