Legal Opinion

Clute v. Carr

Wisconsin Supreme Court

Decided January 15, 1866PublishedCited by 10 opinions

APPEAL from the Circuit Court for Columbia County. Action under mill-dam act, for flowage of plaintiff’s lands. One of the defenses was, that defendant had a right to flow the lands by virtue of a parol license given by one Doty while owner of them, or agent of the owner. • The plaintiff appealed from a judgment for the defendant. to the point that the license was void by the statute of frauds, cited Moulton v. Faught, 41 Me., 298; Pitman v. Poor, 38 id., 237 ; Mumford v.…

Read the full summary

APPEAL from the Circuit Court for Columbia County. Action under mill-dam act, for flowage of plaintiff’s lands. One of the defenses was, that defendant had a right to flow the lands by virtue of a parol license given by one Doty while owner of them, or agent of the owner. • The plaintiff appealed from a judgment for the defendant. to the point that the license was void by the statute of frauds, cited Moulton v. Faught, 41 Me., 298; Pitman v. Poor, 38 id., 237 ; Mumford v. Whitney, 15 Wend., 381; French v. Owen, 2 Wis., 250 ; Hazleton v. Putnam, 3 Chand., 117 ; Thompson v. Gregory, 4 Johns.,…

1Opinion of the CourtDowner, J.

The appellant alleges that the circuit court erred in giving the following instruction to the jury: “If Doty either owned the land or was agent having authority to do so, and encouraged the building of the mill, and agreed to flow-age, and the water has not been raised above the height that he gave permission to raise it, plaintiff cannot recover, unless *533it Ras been, raised since' it passed from the ownership of Doty or his principal. A parol or oral license or permission is sufficient.”

A license is an authority to do some one act or series of acts, on the land of another, without passing any…

2Cases cited2 opinions

  1. Mumford v. WhitneyNew York Supreme Court · 1836
  2. French v. OwenWisconsin Supreme Court · 1853

3Cited by10 opinions

  1. Thoemke v. FiedlerWisconsin Supreme Court · 1895
  2. Huber v. StarkWisconsin Supreme Court · 1905
  3. Keystone Lumber Co. v. KolmanWisconsin Supreme Court · 1896
  4. Duinneen v. RichWisconsin Supreme Court · 1868
  5. E. K. Bonds & Co. v. FordCourt of Appeals of Kentucky · 1917

5 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API