McDonald v. Green Bay & Mississippi Canal Co.
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Fond du Lao County. This was an appeal by tbe plaintiff from an order staying proceedings in tbe cause, made at tbe July term, 1876. Tbe nature of tbe action, and the grounds upon which tbe stay was granted, will sufficiently appear from tbe opinion.
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APPEAL from tbe Circuit Court for Fond du Lao County. This was an appeal by tbe plaintiff from an order staying proceedings in tbe cause, made at tbe July term, 1876. Tbe nature of tbe action, and the grounds upon which tbe stay was granted, will sufficiently appear from tbe opinion. For tbe appellant it was contended, among other things, that if be bad a right to recover against tbe United States damages which accrued before tbe United- States became tbe owner of tbe improvement, still be could not be compelled to seek that remedy, but might waive it and bold the defendant liable; that be…
1Opinion of the CourtCole, J.
The argument on the part of the respondent took a range which we do not deem it necessary to follow on this appeal. The question as to what may be the obligations or equities between the defendant company and the United States, growing out of the transfer of the works of the company to the United States, is not properly before us, and will not be discussed. This action is to recover the damages which the plaintiff has sustained in consequence of the flowage of his land by the defendant for six years before the commencement of the suit. It appears that, after the transfer of the improvement to…
2Cases cited1 opinion
- Parmalee v. WheelerWisconsin Supreme Court · 1873
3Cited by3 opinions
- Felt v. AmidonWisconsin Supreme Court · 1879
- Peeper v. PeeperWisconsin Supreme Court · 1881
- Shove v. ShoveWisconsin Supreme Court · 1887