Vliet v. Sherwood
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Fond du Lac County. The original complaint alleged that defendant was obstructing, to plaintiffs injury, the flow of a stream upon which the latter had a flouring mill, alleging a prescriptive right in plaintiff to have the water flow to her mill as it had flowed for more than twenty years past. On demurrer, the complaint was held by this court to be insufficient.
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APPEAL from tbe Circuit Court for Fond du Lac County. The original complaint alleged that defendant was obstructing, to plaintiffs injury, the flow of a stream upon which the latter had a flouring mill, alleging a prescriptive right in plaintiff to have the water flow to her mill as it had flowed for more than twenty years past. On demurrer, the complaint was held by this court to be insufficient. See 35 Wis., 229. The cause was remanded, and plaintiff, by leave of the circuit court, amended her complaint by adding certain other allegations, retaining, however, the original allegations as to…
1Opinion of the CourtCole, J.
Had the motion to strike been directed to those portions of the second amended complaint which relate to the prescriptive right of the plaintiff to the flow of the water from the defendant’s reservoir to her mill in the same manner as it had been accustomed to flow for. the past twenty years, we are inclined to think the motion should prevail. We considered the foundation of this claim when the case was here on demurrer, and held that upon the facts stated the plaintiff acquired no such prescriptive right. 35 Wis., 229. Retaining the allegations relating to that right, where the plaintiff…
2Cases cited3 opinions
- Brandeis v. NeustadtlWisconsin Supreme Court · 1860
- Newton v. AllisWisconsin Supreme Court · 1860
- Vliet v. SherwoodWisconsin Supreme Court · 1874
3Cited by3 opinions
- Cook v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Wisconsin Supreme Court · 1898
- Southmayd v. Watertown Fire InsuranceWisconsin Supreme Court · 1879
- Oliver v. RaymondU.S. Circuit Court for the District of Eastern Wisconsin · 1901