Childs v. Dahlke
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Marquette county: A. H. Reid, Judge. Tbis action was brought to quiet plaintiff’s title to mill lots 6 and 7 of the recorded plat of Neslikoro in Marquette county, together with 150 inches of water to be drawn from the millpond and hydraulic canal at any point on said lots under ten-foot head, to be measured in the conductor where it issues .on the wheel or wheels, and to abate as a nuisance ¿ certain power house and building…
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Appeal from a judgment of the circuit court for Marquette county: A. H. Reid, Judge. Tbis action was brought to quiet plaintiff’s title to mill lots 6 and 7 of the recorded plat of Neslikoro in Marquette county, together with 150 inches of water to be drawn from the millpond and hydraulic canal at any point on said lots under ten-foot head, to be measured in the conductor where it issues .on the wheel or wheels, and to abate as a nuisance ¿ certain power house and building erected by defendants in “Mill street,” which it is alleged shut off access to and use of water and power on the…
1Opinion of the Court
IÍERWXN, J.
The first, second, third, and fourth assignments of error may be treated together, since they involve the controversy over the width of Mill street, and whether the fee in the plaintiff’s lots 6 and 7 extends to the hydraulic canal, so called on the plat.
It is established by the findings and the evidence that the plaintiff is and was-before the commencement of this action the owner of lots 6 and 7 fronting on Mill street, together with 150 inches of water to be drawn from the mill-pond at any point on the lots aforesaid under a head of ten feet, the water to be measured at the…
2Cases cited6 opinions
- Smith v. FordWisconsin Supreme Court · 1880
- Wait v. MaySupreme Court of Minnesota · 1892
- Mariner v. SchulteWisconsin Supreme Court · 1861
- Smith v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1892
- Spehn v. HuebschenWisconsin Supreme Court · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- F. W. Woolworth Co. v. VogelsangWisconsin Supreme Court · 1922
- Childs v. DahlkeWisconsin Supreme Court · 1915