Mohr v. Gault
Wisconsin Supreme Court
APPEAL PROM CIRCÜIT COURT, DANE COUNTV. This was an action commenced by Oscar Mohr, Francis Fischer, and his wife, against Francis Gault, to obtain a perpetual injunction to restrain him from directing the waters of Black Earth creek from their mill, in the town of Cross Plains.
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APPEAL PROM CIRCÜIT COURT, DANE COUNTV. This was an action commenced by Oscar Mohr, Francis Fischer, and his wife, against Francis Gault, to obtain a perpetual injunction to restrain him from directing the waters of Black Earth creek from their mill, in the town of Cross Plains. The complaint set forth that the creek had its rise in Mud Lake, in the town of Middleton, which was fed by springs and surface water, out of which the waters flowed west, and down the Black Earth creek. That east of the lake was an inconsiderable and narrow ridge of land, which formed the natural division between the…
1Opinion of the Court
By the Court,
Dixon, C. J.
It seems to us that the facts found by the circuit judge do not sustain his conclusions of law. As facts, he finds that Black Earth creek is the natural outlet for the waters of the lake; that at its source it is about six feet wide, and the waters passing out of it about one foot in depth ; that it has been filled up about one foot and a half, by reason of a highway on one side, and cultivated land on the other, and the washings of the earth therefrom; and that from one end to the other, there is no perceptible fall in the lake. As conclusions of law,- from these…
2Cited by6 opinions
- Case v. HoffmanWisconsin Supreme Court · 1893
- City of New Whatcom v. Fairhaven Land Co.Washington Supreme Court · 1901
- Falcon v. BoyerSupreme Court of Iowa · 1913
- Roberts v. HarrisonSupreme Court of Georgia · 1897
- Larson v. FurlongWisconsin Supreme Court · 1881
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