Miller v. Sherry
Wisconsin Supreme Court
APPEAL from, tbe Circuit Court for Shawano County. Tbe plaintiff occupied a saw-mill and dam on Red river, in Shawano county, in 1883. That river, although not meandered, is navigable in fact for the running of logs thereon to market. The plaintiff’s dam is constructed with a chute and sheer booms, to facilitate the running of logs through it.
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APPEAL from, tbe Circuit Court for Shawano County. Tbe plaintiff occupied a saw-mill and dam on Red river, in Shawano county, in 1883. That river, although not meandered, is navigable in fact for the running of logs thereon to market. The plaintiff’s dam is constructed with a chute and sheer booms, to facilitate the running of logs through it. The defendant operates a flood dam above the dam occupied by the plaintiff, by which he holds the water of the river, and discharges it from time to time to aid in floating logs down the stream. In July, 1883, when he was so flooding the stream below…
1Opinion of the CourtLyon, J.
The learned circuit judge held, in effect, that the flooding of the river below with the waters accumulated in the flooding pond, in aid of the navigation of Red river, was a lawful use of that stream; but that the right of the defendant so to use it is not paramount to the plaintiff’s right to maintain his dam and use the stream for propelling his saw-mill. In other words, he held that the rights of a navigator of the river who maintains an improvement thereon in aid of navigation, and of a riparian owner who utilizes the stream for other purposes, are equal, and that both are to be…
2Cited by4 opinions
- Falls Manufacturing Co. v. Oconto River Improvement Co.Wisconsin Supreme Court · 1894
- Coldwell v. SandersonWisconsin Supreme Court · 1887
- Outterson v. GouldNew York Supreme Court · 1894
- Outterson v. GouldNew York Supreme Court · 1894