Carlson v. Stocking
Wisconsin Supreme Court
Appeal from a judgment of the superior cou-rt of Douglas county: ChaRles Smith, Judge. This action was brought in a justice’s court to recover ■damages which the plaintiff alleged that she had sustained ■by the flooding of her lands on Middle river, in Douglas ■county, July 1,1891, caused by defendants suddenly letting off the waters in great quantity from a dam about three miles above her premises, controlled and operated by them, whereby a great quantity of water which had…
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Appeal from a judgment of the superior cou-rt of Douglas county: ChaRles Smith, Judge. This action was brought in a justice’s court to recover ■damages which the plaintiff alleged that she had sustained ■by the flooding of her lands on Middle river, in Douglas ■county, July 1,1891, caused by defendants suddenly letting off the waters in great quantity from a dam about three miles above her premises, controlled and operated by them, whereby a great quantity of water which had been held back by the dam rushed down and overflowed her lands, and ■carried away a bridge she had built thereon across…
1Opinion of the CourtCassoday, C. J.
It is, in effect, conceded that the plaintiff’s premises were injured and that she was damaged as alleged, about August 1, 1891, and that such damage was caused, in part at least, by opening the dam mentioned for 'the purpose of creating a flood to drive a large quantity of logs, belonging in part to one Frazier, in part to the defendants, and in part to other parties. There is evidence tending to prove, not only that the defendants participated in raising the dam in the summer of 1891, and a short time before the flooding mentioned, but also in operating the same and making the drive at the…
2Cases cited2 opinions
- Casement v. BrownSupreme Court of the United States · 1893
- Hackett v. Western Union Telegraph Co.Wisconsin Supreme Court · 1891
3Cited by26 opinions
- Law v. PhillipsWest Virginia Supreme Court · 1952
- Village of Weyauwega v. Industrial CommissionWisconsin Supreme Court · 1923
- Madix v. Hochgreve Brewing Co.Wisconsin Supreme Court · 1913
- De Sandro v. Missoula Light & Water Co.Montana Supreme Court · 1913
- Thomas v. HarringtonSupreme Court of New Hampshire · 1903
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