Pratt v. Brown
Wisconsin Supreme Court
This was an action of trespass on the case, for flow" ing lands by means of a mill dam. The action was commenced in the Circuit Court of Sauk county, by the plaintiff in error against the defendant in error. The declaration consisted of four counts.
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This was an action of trespass on the case, for flow" ing lands by means of a mill dam. The action was commenced in the Circuit Court of Sauk county, by the plaintiff in error against the defendant in error. The declaration consisted of four counts. The first was for erecting on the tenth day of April A. D. 1854; a mill dam across the Baraboo river, and for main-tainining it from that time to the time of the com' men cement of the suit; the second was for maintaining the dam for the same time; the third was for erecting and maintaining a part of the dam; the fourth, for maintaining a part of…
1Opinion of the Court
By the Court,
Smith, J.
The importance of the main principles involved in this case, and the differences of opinion that exist in reference to their application and extent, have induced an anxious and laborious consideration. The results of our deliberations we will now proceed to give, and leave the responsibility for the consequences where they properly belong, to the legislatures which enacted and repealed the law out of which the difficulties have arisen.
In 1840, the Territorial legislature enacted what is commonly called the “Mill Dam Act,” the provisions of which are well understood.
At…
2Cases cited1 opinion
- Stephens v. MarshallWisconsin Supreme Court · 1851
3Cited by34 opinions
- Stewart v. Bd. of Super. of Polk CountySupreme Court of Iowa · 1870
- Comm'rs of Leavenworth Co. v. MillerSupreme Court of Kansas · 1871
- Varner v. MartinWest Virginia Supreme Court · 1883
- City of Pontiac v. CarterMichigan Supreme Court · 1875
- Stevens v. PrattIllinois Supreme Court · 1881
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