Appleton Paper & Pulp Co. v. Kimberly & Clark Co.
Wisconsin Supreme Court
Appeals from a judgment of tbe circuit court for Brown county: S. D. HastiN&s, Jr., Circuit Judge. Action to determine the proportionate amount of water power created by the Fox river as improved by the government dam across the same, known as the Grand Chute dam, belonging to the several parties to this action.
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Appeals from a judgment of tbe circuit court for Brown county: S. D. HastiN&s, Jr., Circuit Judge. Action to determine the proportionate amount of water power created by the Fox river as improved by the government dam across the same, known as the Grand Chute dam, belonging to the several parties to this action. The question involved on this appeal relates to the amount of such power owned by plaintiff under a title referable to a deed dated September 20,1862, conveying a part of the power, by the person then owning a considerable portion thereof, in the following language: . Privilege of…
1Opinion of the CourtMaeshall, J.
Tbe finding of fact as to tbe raising of tbe dam, challenged by plaintiff, is sustained by substantially all tbe direct, as well as tbe circumstantial, evidence in tbe case bearing on tbe subject. O’Keefe, wbo helped make alterations in tbe flume in 1863, and was very familiar with tbe situation then and for years afterwards, testified that tbe new dam was about one foot higher than tbe old one, and appears to have reasoned from bis knowledge of tbe depth of tbe water in tbe bulkhead in 1863 and tbe depth at tbe time of tbe trial. Tbe engineer in charge of constructing tbe new dam testified…
2Cases cited5 opinions
- Mississippi River Logging Co. v. WheelihanWisconsin Supreme Court · 1896
- Jackson Milling Co. v. ChandosWisconsin Supreme Court · 1892
- Blanchard v. DoeringWisconsin Supreme Court · 1867
- Cummings v. BlanchardSupreme Court of New Hampshire · 1892
- Doan v. MetcalfSupreme Court of Iowa · 1877
3Cited by3 opinions
- Kimberly-Clark Co. v. Patten Paper Co.Wisconsin Supreme Court · 1913
- Zohrlaut v. MengelbergWisconsin Supreme Court · 1911
- Vermont Shade Roller Co. v. Burlington Traction Co.Supreme Court of Vermont · 1931