Ramsdale v. Foote
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. This is an appeal from an order sustaining a demurrer to the complaint, which alleged, in effect, that at the times mentioned the plaintiff owned, occupied, and possessed eighty acres of land, being a half mile in extent north and south, and that the defendants owned, occupied and possessed one hundred and twenty acres of land, being three-quarters of a mile in length north and south, and that the north forty of the…
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APPEAL from the Circuit Court for Winnebago County. This is an appeal from an order sustaining a demurrer to the complaint, which alleged, in effect, that at the times mentioned the plaintiff owned, occupied, and possessed eighty acres of land, being a half mile in extent north and south, and that the defendants owned, occupied and possessed one hundred and twenty acres of land, being three-quarters of a mile in length north and south, and that the north forty of the plaintiff’s land was directly east, and adjoined the south forty of the defendant’s land; that in May, 1870, the defendants,…
1Opinion of the CourtCassoday, J.
The rule of the civil law, as stated by Pothier, was that “each of the neighbors may do upon his heritage what seemeth good to him, in such manner, nevertheless, that he doth not, injure the neighboring heritage.” This rule has been adopted and followed, in several of the states where the common law is in force, as being “based upon sound reasons of equity and justice.” Shane v. Railway Co., 71 Mo., 237; McCormick v. Railway Co., 70 Mo., 359; Kouffman v. Griesemer, 26 Pa. St., 407; Miller v. Laubach, 47 Pa. St., 154; Gillham v. Railway Co., 49 Ill., 484; Gormley v. Sanford, 52 Ill., 158;…
2Cases cited24 opinions
- Livingston v. McDonaldSupreme Court of Iowa · 1866
- Pettigrew v. Village of EvansvilleWisconsin Supreme Court · 1870
- Taylor v. FickasIndiana Supreme Court · 1878
- O'Brien v. City of St. PaulSupreme Court of Minnesota · 1878
- Gillham v. Madison County RailroadIllinois Supreme Court · 1869
19 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Mitchell v. BainIndiana Supreme Court · 1895
- Phelps v. City of DetroitMichigan Supreme Court · 1899
- Stadler v. GriebenWisconsin Supreme Court · 1884
- Vandalia Railroad v. YeagerIndiana Court of Appeals · 1915
- State v. ZawistowskiWisconsin Supreme Court · 1980
13 more not listed; retrieve them via the Exa API.