Weatherby v. Meiklejohn
Wisconsin Supreme Court
APPEAL from the Circuit Court for Waupaoa County. The case is thus stated by Mr. Justice Cassoday: “ The complaint contains two counts.
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APPEAL from the Circuit Court for Waupaoa County. The case is thus stated by Mr. Justice Cassoday: “ The complaint contains two counts. One for wrongfully and unlawfully obstructing the Little Wolf river, a public navigable stream, by the dam and booms of the defendants, and thereby hindering and delaying, for the period of thirty-one days, the logs of the plaintiff being floated down said river, to the special damage of the plaintiff in the sum of $300. The other was for the forfeiture of $25 a day for each of said thirty-one days by reason of such obstruction, under sec. 1598, N. S., making…
1Opinion of the CourtCassoday, J.
The defensive portion of the answer is not before us for consideration, except in so far as it may be resorted to for the purpose of making certain what might otherwise be regarded as indefinite and uncertain in the counterclaim. It is the settled law of this state that streams of sufficient capacity to float logs to market are navigable. Whisler v. Wilkinson, 22 Wis., 572; Sellers v. Union Lumbering Co., 39 Wis., 525; Olson v. Merrill, 42 Wis., 203; Cohn v. Wausau Boom Co., 47 Wis., 324. The counterclaim, therefore, following the complaint, refers to the river as a navigable stream; for it…
2Cases cited9 opinions
- Lawe v. HydeWisconsin Supreme Court · 1876
- Cohn v. Wausau Boom Co.Wisconsin Supreme Court · 1879
- Olson v. MerrillWisconsin Supreme Court · 1877
- Whisler v. WilkinsonWisconsin Supreme Court · 1868
- Townsend v. . McDonaldNew York Court of Appeals · 1855
4 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Willow River Club v. WadeWisconsin Supreme Court · 1898
- Diana Shooting Club v. HustingWisconsin Supreme Court · 1914
- Village of Pewaukee v. SavoyWisconsin Supreme Court · 1899
- Mendota Club v. AndersonWisconsin Supreme Court · 1899
- State Ex Rel. Lyon v. Columbia Water Power Co.Supreme Court of South Carolina · 1909
16 more not listed; retrieve them via the Exa API.