McCord v. Sylvester
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Grant County. Action for damages for a diversion by defendants of a stream of water from plaintiff’s land. A statement of tbe case will be found in tbe opinion.
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APPEAL from tbe Circuit Court for Grant County. Action for damages for a diversion by defendants of a stream of water from plaintiff’s land. A statement of tbe case will be found in tbe opinion. Tbe plaintiff had a verdict; and tbe court, after refusing a new trial, rendered judgment in accordance with tbe verdict; from which tbe defendants appealed. argued that it is settled by repeated decisions of this court that grist mills, like railroads, are so far public in their character that tbe right of eminent domain may be exercised in their favor (Newell v. Smith, 15 Wis., 104; Pratt v. Broivn,…
1Opinion of the CourtDixON, C. J.
The facts of this case are accurately and sufficiently stated in the charge of the circuit judge to the jury, as follows:
“ This is an action against the defendants to recover damages resulting from directing the stream of Crooked Creek off and from the southeast quarter southwest quarter of section 34, town 8, range 3, which land was the homestead of plaintiff.”
“ It appears that Crooked Creek formerly flowed unobstructed through plaintiff’s land. In December, 1867, the defendants built a dam in said stream above plaintiff’s land, and opened a canal communicating with the stream ábove the dam,…
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