Thien v. Voegtlander
Wisconsin Supreme Court
This was a special action on the case brought in the Circuit Court for Washington county by Grotthelf Voegtlander, plaintiff, against Henry Thien, defendant, to recover damages for the flooding of plaintiff’s land by a mill dam constructed and maintained by the defendant in and upon the Milwaukee river in said county.
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This was a special action on the case brought in the Circuit Court for Washington county by Grotthelf Voegtlander, plaintiff, against Henry Thien, defendant, to recover damages for the flooding of plaintiff’s land by a mill dam constructed and maintained by the defendant in and upon the Milwaukee river in said county. The plaintiff by his declaration averred his title and possession, and described the premises injured as lot number two in section number twenty-three, in township number nine, north of range twenty-one east. The flowing of the lands described, and the injury sustained by the…
1Opinion of the Court
By the Court,
WbutoN, G. J.
There is no doubt that the plea of the defendant below is bad.
It sets out an authority granted to him by the legislature of the territory of Wisconsin to build and maintain a dam across the Milwaukee river, at the place described in the declaration of the plaintiff, and avers that the dam was there erected by him for the purpose mentioned in the act, and that in consequence of the building of the dam the water of the river was flowed back, and the land of plaintiff overflowed, &c.
*465The principal defect in this plea is the omission to state that any compensation was…
2Cited by8 opinions
- Tyler v. BeacherSupreme Court of Vermont · 1871
- Ryerson v. BrownMichigan Supreme Court · 1877
- Oury v. GoodwinArizona Supreme Court · 1891
- Fisher v. Horicon Iron & Man. Co.Wisconsin Supreme Court · 1860
- Wisconsin Water Co. v. WinansWisconsin Supreme Court · 1893
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