Coldwell v. Sanderson
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. The case is sufficiently stated in the opinion. Among other things, they contended that the defendants had a right to keep back the water for a reasonable time, with due regard to all the circumstances of the case. Mabie v. Matteson, 17 Wis. 1; Thurber v. Martin, 2 Gray, 394; Davis v. Winslow, 51 Me. 290; Parl&er v. Hotehkiss, 25 Conn. 321; Wood on Nuisances, sec. 414; Bullard v. Sara-toga Victor Mfg.
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APPEAL from the Circuit Court for Dane County. The case is sufficiently stated in the opinion. Among other things, they contended that the defendants had a right to keep back the water for a reasonable time, with due regard to all the circumstances of the case. Mabie v. Matteson, 17 Wis. 1; Thurber v. Martin, 2 Gray, 394; Davis v. Winslow, 51 Me. 290; Parl&er v. Hotehkiss, 25 Conn. 321; Wood on Nuisances, sec. 414; Bullard v. Sara-toga Victor Mfg. Go. 77 N. Y. 525; Gould v. Boston Duele, Go. 13 Gray, 453; Platt v. Johnson, 15 John. 213; Dumont v. Kellogg, 29 Mich. 420; Hoy v. Sterrett, 2…
1Opinion of the Court
The following opinion was filed May 15, 1886:
ORton, J.
This action was brought by the respondent, as the owner of a mill on Black Earth creek, against the appellants, as owners of a mill above on said, stream, for unreasonably withholding the water of said creek from the plaintiff’s mill, between the 9th and 22d days of January, 1884, to his damage. Black Earth creek is a stream rising in the western part of Dane county, in Mud lake, and running north-westerly, by the villages of Cross Plains and Black Earth, to the village of Mazomanie, and thence westerly to the Wisconsin river, in the…
2Cases cited2 opinions
- Timm v. BearWisconsin Supreme Court · 1871
- Miller v. SherryWisconsin Supreme Court · 1886
3Cited by6 opinions
- Jeffers v. Montana Power Co.Montana Supreme Court · 1923
- Houston Nat. Exch. Bank v. ChapmanCourt of Appeals of Texas · 1924
- Apfelbacher v. StateWisconsin Supreme Court · 1918
- Town of Lawrence v. American Writing Paper Co.Wisconsin Supreme Court · 1911
- Miami Cooperative Mining Co. v. Cherokee Coal Co.West Virginia Supreme Court · 1924
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