Allaby v. Mauston Electric Service Co.
Wisconsin Supreme Court
Appeal from a judgment of tie circuit court for Juneau county: J. J. Feuit, Circuit Judge. Tie plaintiffs are several owners of distinct parcels of riparian land and allege tiat tie defendant maintains a dam 'on tie nonnavigable stream known as tie Lemonweir river with no rigit so to- do except under- ci. 176, P. & L. Laws of 1856, wiici was enacted in tie interval between tie repeal and tie re-enactment of wiat is known as tie milldam act, now ci. 146, Stats.
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Appeal from a judgment of tie circuit court for Juneau county: J. J. Feuit, Circuit Judge. Tie plaintiffs are several owners of distinct parcels of riparian land and allege tiat tie defendant maintains a dam 'on tie nonnavigable stream known as tie Lemonweir river with no rigit so to- do except under- ci. 176, P. & L. Laws of 1856, wiici was enacted in tie interval between tie repeal and tie re-enactment of wiat is known as tie milldam act, now ci. 146, Stats. (1898). Tie special act was in general similar in its provisions to' tie milldam act, and under it tio authorized height of…
1Opinion of the CourtDodge, J.
Tie condition of tjie record leaves tie question of tie navigability of tie Lemonweir river somewhat uncertain. Tie complaint unambiguously alleged nonnavi-gability. Tie defendant, while admitting tie maintenance of the dam under authority of tie act of 1856 (P. & L. Laws of 1856, ch. 176) and various other of tie facts alleged, closed its answer by a general denial which clearly was intended to meet tie allegation of excessive height and of injury to the plaintiffs. It might, for some purposes, be sufficient to put in issue tie navigability of tie stream, although *348we think a fair…
2Cases cited23 opinions
- Pratt v. BrownWisconsin Supreme Court · 1854
- Gymnastic Ass'n of the South Side of Milwaukee v. City of MilwaukeeWisconsin Supreme Court · 1906
- Olson v. MerrillWisconsin Supreme Court · 1877
- Sherman v. Milwaukee, Lake Shore & Western RailroadWisconsin Supreme Court · 1876
- Fisher v. Horicon Iron & Man. Co.Wisconsin Supreme Court · 1860
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3Cited by12 opinions
- Eau Claire Dells Improvement Co. v. City of Eau ClaireWisconsin Supreme Court · 1920
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- Appleton v. Oregon Iron & Steel Co.Oregon Supreme Court · 1961
- In Re JamesCourt of Criminal Appeals of Oklahoma · 1910
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