Legal Opinion

Arimond v. Green Bay & Mississippi Canal Co.

Wisconsin Supreme Court

Decided June 15, 1872PublishedCited by 36 opinions

APPEAL from the Circuit Court for Fond du Lac County. The complaint averred that for six; years last preceding the action, the defendant company had wrongfully maintained “ a certain dam and obstruction ” across the north channel of the outlet of lake Winnebago, at the village of Menasha, by means whereof the water of the lake had been raised and flowed back upon certain described premises of the plaintiff adjacent to said lake, and had wholly submerged the same, etc., to…

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APPEAL from the Circuit Court for Fond du Lac County. The complaint averred that for six; years last preceding the action, the defendant company had wrongfully maintained “ a certain dam and obstruction ” across the north channel of the outlet of lake Winnebago, at the village of Menasha, by means whereof the water of the lake had been raised and flowed back upon certain described premises of the plaintiff adjacent to said lake, and had wholly submerged the same, etc., to plaintiff’s damage $6,000. The answer, first, denies generally the averments of the complaint, except as afterwards…

1Opinion of the Court

The following opinion was filed at the January term, 1872.

Dixon, O. J.

The case in the supreme court of the United States of this same defendant, but of a different .plaintiff, whose lands, also bordering upon Lake Winnebago, w.ere overflowed and injured by the back water caused by the same dam or ob. *331struction of the Fox river (Pumpelly v. Green Bay and Mississippi Canal Company, 13 Wallace, 166), decides many of the questions presented in this case, and in a manner and upon considerations quite to the satisfaction of this court as to all the questions so touched upon and considered. With…

2Cases cited2 opinions

  1. Pettigrew v. Village of EvansvilleWisconsin Supreme Court · 1870
  2. Sydnor v. PalmerWisconsin Supreme Court · 1871

3Cited by36 opinions

  1. Ashley v. City of Port HuronMichigan Supreme Court · 1877
  2. G., C. & S. F. R'y Co. v. FullerTexas Supreme Court · 1885
  3. G., C. & Santa Fe R. R. Co. v. EddinsTexas Supreme Court · 1884
  4. Eingartner v. Illinois Steel Co.Wisconsin Supreme Court · 1899
  5. Priewe v. Wisconsin State Land & Improvement Co.Wisconsin Supreme Court · 1896

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