Apfelbacher v. State
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Wauke-sha county: MáetiN L. Luecic, Circuit Judge. Action for damages for the alleged negligent operation of a dam.
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Appeal from a judgment of the circuit court for Wauke-sha county: MáetiN L. Luecic, Circuit Judge. Action for damages for the alleged negligent operation of a dam. The material allegations of the amended complaint are: “That at all the times hereinafter mentioned he [plaintiff] was, and now is, the owner in fee of certain real estate, dam, mill, and mill race, situate on the Bark river, in the town of Summit, Waukesha county, Wisconsin, and more particularly described as follows, to wit: [Here follows description of lands.’] “That the Bark river is a river situated in the county of Waukesha,…
1Opinion of the CourtYiuje, J.
Plaintiff’s theory upon which the complaint is based is thus tersely stated by his counsel:
“When a sovereign state departs from its ordinary political and police duties by entering upon the exercise of functions at the most only of a giiasi-public character and succeeds to private rights through grants, under which a citizen suffers damage resulting from the wrongful act of the agents of the state, which, if committed by the state’s predecessor in title, would have caused liability, such act causes like liability upon the state, subject only to the inability of the person damni-fied to…
2Cases cited25 opinions
- Hayes v. City of OshkoshWisconsin Supreme Court · 1873
- Willow River Club v. WadeWisconsin Supreme Court · 1898
- Diana Shooting Club v. HustingWisconsin Supreme Court · 1914
- Murdock Parlor Grate Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1890
- Houston v. StateWisconsin Supreme Court · 1898
20 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Holytz v. City of MilwaukeeWisconsin Supreme Court · 1962
- Sanger v. City of BridgeportSupreme Court of Connecticut · 1938
- Cords v. StateWisconsin Supreme Court · 1974
- Widell v. Holy Trinity Catholic ChurchWisconsin Supreme Court · 1963
- Heiden v. City of MilwaukeeWisconsin Supreme Court · 1937
31 more not listed; retrieve them via the Exa API.