Arimond v. Green Bay & Mississippi Canal Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lac, County. Action to recover damages for the flowage of plaintiff’s land, alleged to have been caused by the erection and maintenance of defendant’s darn across the north channel of the outlet of Lake Winnebago.
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APPEAL from the Circuit Court for Fond du Lac, County. Action to recover damages for the flowage of plaintiff’s land, alleged to have been caused by the erection and maintenance of defendant’s darn across the north channel of the outlet of Lake Winnebago. After an order sustaining a demurrer to defendant’s amended answer had been affirmed by this court, on appeal (31 Wis., 316), the case was remitted to the circuit court, where defendant again amended its answer, and plaintiff demurred to the second, fourth, fifth and sixth defenses set up in the answer as so amended. The second defense was,…
1Opinion of the CourtCole, J.
In the second defense it is in substance alleged, that another dam, similar to the defendant’s dam, was erected across the south channel of the outlet of Lake Winnebago, and *45that such dam was erected subsequently to and is at least two feet higher than its dam. It is averred that the two dams were erected and are maintained by different parties acting separately. It is then alleged “ that said two dams operating together set back the waters upon ” and injured the plaintiff’s land. In other words, the defense set up in this part of the answer is, that the injury of which the plaintiff…
2Cases cited1 opinion
- Lull v. Fox & Wisconsin Improvement Co.Wisconsin Supreme Court · 1865
3Cited by7 opinions
- Gulf, Colorado & Santa Fe Railway Co. v. McWhirterTexas Supreme Court · 1890
- Priewe v. Wisconsin State Land & Improvement Co.Wisconsin Supreme Court · 1896
- McMillan v. NoyesSupreme Court of New Hampshire · 1909
- Jones v. United StatesWisconsin Supreme Court · 1880
- Velte v. United StatesWisconsin Supreme Court · 1890
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