Murray v. Scribner
Wisconsin Supreme Court
APPEAL from the Circuit Court for Green Lalte County. The facts are stated in the opinion. The dam in question was built in 1856 on the site of an old dam which had been built in 1847. The action was commenced in July, 1882. The defendant appeals from a judgment in favor of the plaintiff.
1Opinion of the CourtOrton, J.
This is an action under the statute, or mill dam act, to recover the damages to the plaintiff’s lands caused by the mill dam of the defendant, located across the west branch of the Pond du Lac river, below said lands. The complaint is in the ordinary form. The answer first denies the title of the plaintiff to the lands in question, and that the same have been flowed or injured by means of said dam. The answer and amended answer then set up, substantially, that neither the dam, nor the water therein, nor the pond thereof, has been changed in height or head within the last ten years preceding…
2Cases cited3 opinions
- Sabine v. JohnsonWisconsin Supreme Court · 1874
- Smith v. RussWisconsin Supreme Court · 1863
- Pratt v. PeckWisconsin Supreme Court · 1886
3Cited by4 opinions
- Hester v. SawyersNew Mexico Supreme Court · 1937
- Romans v. NadlerSupreme Court of Minnesota · 1944
- McCoy v. Milwaukee Street Railway Co.Wisconsin Supreme Court · 1894
- Deuster v. MittagWisconsin Supreme Court · 1900