Legal Opinion

McCarthy v. Murphy

Wisconsin Supreme Court

Decided September 29, 1903PublishedCited by 6 opinions

Appeal from a judgment of the circuit court for Dodge county: James J. Dick, Circuit Judge. An action to recover damages from respondents for removing a pier, which appellant had erected on the lied of Eox Lake, Dodge county. The respondents were lessees of a tract of land on Eox Lake, a navigable body of water. The land was owned by one Elias Kennedy, who leased it to respondents April 23, 1902, for one year, with the privilege of extension at the option of the lessees.

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Appeal from a judgment of the circuit court for Dodge county: James J. Dick, Circuit Judge. An action to recover damages from respondents for removing a pier, which appellant had erected on the lied of Eox Lake, Dodge county. The respondents were lessees of a tract of land on Eox Lake, a navigable body of water. The land was owned by one Elias Kennedy, who leased it to respondents April 23, 1902, for one year, with the privilege of extension at the option of the lessees. Appellant’s pier was erected in front'of the premises included in the lease. The pier was connected with the shore by a…

1Opinion of the CourtSiebecebe, J.

Many of the errors assigned pertain to questions of fact. Upon an examination of the evidence, we find there was conflicting evidence on material issues, and that the conclusions of the court were supported by evidence. It would serve no useful purpose to point out such evidence in the record; the conclusions of fact must stand.

The claim is made that respondents had no rights or privileges, extendingbeyond the high-water mark on the land occupied by them, different from and in addition to those of the public. This contention is without merit in the law of this state. It has been adjudged by…

2Cases cited5 opinions

  1. Yates v. MilwaukeeSupreme Court of the United States · 1871
  2. Diedrich v. Northwestern Union Railway Co.Wisconsin Supreme Court · 1877
  3. Delaplaine v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1877
  4. Priewe v. Wisconsin State Land & Improvement Co.Wisconsin Supreme Court · 1896
  5. Larson v. FurlongWisconsin Supreme Court · 1881

3Cited by6 opinions

  1. Doemel v. JantzWisconsin Supreme Court · 1923
  2. Mobile Dry Docks Co. v. City of MobileSupreme Court of Alabama · 1906
  3. Spring Valley Water Co. v. County of AlamedaCalifornia Court of Appeal · 1914
  4. Kelley v. SalvasWisconsin Supreme Court · 1911
  5. Cove Properties, Inc. v. Walter Trent Marina, Inc.Court of Civil Appeals of Alabama · 1999

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