Lull v. Fox & Wisconsin Improvement Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. Action to recover damages for the flowage of land. The Fox and Wisconsin Improvement Company demurred to the complaint on three grounds, the second of which was, that several causes of action were improperly joined therein.
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APPEAL from the Circuit Court for Winnebago County. Action to recover damages for the flowage of land. The Fox and Wisconsin Improvement Company demurred to the complaint on three grounds, the second of which was, that several causes of action were improperly joined therein. The demurrer was sustained, and the plaintiff appealed. argued that the action was one ex delicto, and therefore the plaintiff had his election to sue all or any of the tortfeasors. 1 Ohitty’s PL, 75, 76 j Low v. Mumford, 14 Johns., 426; Moretón v. Harden, 6 Dowl. & Ryl., 275; Story’s Eq. PL, 530-38. to the point that…
1Opinion of the Court
By the Court,
DowsteR, J.
The complaint alleges, in substance, that the plaintiff is the owner of certain lands in the county of Winnebago adjacent to a certain stream called Eos river; that in and during the year 1853, the Fox and Wisconsin Improvement Company commenced to. keep and maintain, and since that time has kept up and maintained, and still keeps up and maintains, á dam <?n and across the north channel of Eos river at Menasha in said county; that the other defendants mentioned in the complaint, in and during the year 1852, commenced to keep up and maintain, and have kept up and…
2Cases cited2 opinions
- Colegrove v. New York & New Haven RailroadNew York Court of Appeals · 1859
- Colegrove v. New York & Harlem RailroadThe Superior Court of New York City · 1857
3Cited by9 opinions
- Swain v. Tennessee Copper Co.Tennessee Supreme Court · 1903
- Mitchell Realty Co. v. City of West AllisWisconsin Supreme Court · 1924
- Watson v. Colusa-Parrot Mining & Smelting Co.Montana Supreme Court · 1905
- Richmond & Danville Railroad v. GreenwoodSupreme Court of Alabama · 1892
- Wm. Tackaberry Co. v. Sioux City Service Co.Supreme Court of Iowa · 1911
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