Castle v. City of Madison
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Dane-county: EugeNE S. Elliott, Judge. Tbis is an'equitable action, brought to abate a dam on. the Catfish creek at the outlet of Lake Mendota, alleged to-be owned and maintained by the defendant city of Madison.
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Appeal from an order of tbe circuit court for Dane-county: EugeNE S. Elliott, Judge. Tbis is an'equitable action, brought to abate a dam on. the Catfish creek at the outlet of Lake Mendota, alleged to-be owned and maintained by the defendant city of Madison. The complaint at considerably length sets out that plaintiffs-are the owners of lands which are overflowed by said dam, the circumstances under which the dam was built, an abandonment of the purpose for which fit .was built, and the fact that the city is maintaining it at a greater height than it had' any right to, which increases the…
1Opinion of the CourtBabkeeN, J.
The appeal from the order of December 3, 1900, having been heretofore dismissed, we have here only to consider the appeal from the order sustaining the demurrer to and dismissing the answer' in abatement. By that answer the interveners sought to bring in as parties all persons owning property on the shores of Lake Mendota affected by the overflow caused by the dam at the outlet of the lake. The court below sustained the demurrer on the sole ground that, because the court had theretofore denied the right of the city to require such, additional parties to be brought in, it was res adjudicata,…
2Cases cited5 opinions
- Linden Land Co. v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1900
- Smith v. YoumansWisconsin Supreme Court · 1897
- Kray v. MuggliSupreme Court of Minnesota · 1901
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