Cobb v. Smith
Wisconsin Supreme Court
APPEAL from the Circuit Court for Rock County. Action to obtain a judgment declaring a certain dam on Rock river a nuisance, and that it be abated, and for a perpetual injunction restraining the defendants from re-building the same, and from re-building or repairing a certain wing dam on said river, or obstructing the flow of water in the river.
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APPEAL from the Circuit Court for Rock County. Action to obtain a judgment declaring a certain dam on Rock river a nuisance, and that it be abated, and for a perpetual injunction restraining the defendants from re-building the same, and from re-building or repairing a certain wing dam on said river, or obstructing the flow of water in the river. The material allegations of the complaint appear from the opinion of the court, and it is substantially like that in the case of Newell vs. Smith, 15 Wis., 101, except that it is alleged in the complaint that the plaintiffs acquired title to the lands…
1Opinion of the Court
By the Court,
Cole, J.
It is probable that we were mistaken in holding, as we did in Newall vs. Smith, 15 Wis., 101, that the provisions of the general mill dam law applied to dams constructed upon Rock river. Our attention was not particularly called to the question at the time, and we overlooked the fact -that the mill dam act is, by its terms, confined to dams “upon and across any stream that is not navigable.” We understood that it was a conceded point on both sides that the action in Newall vs. Smith was brought under the law of 1848, p. 13, Laws of 1848, as amended by that of 1850, chap.…
2Cases cited3 opinions
- Sheldon v. RockwellWisconsin Supreme Court · 1859
- Newell v. SmithWisconsin Supreme Court · 1862
- Stoughton v. StateWisconsin Supreme Court · 1856
3Cited by12 opinions
- French v. FrenchSupreme Court of Iowa · 1892
- Figge v. BergenthalWisconsin Supreme Court · 1907
- Pick v. Rubicon Hydraulic Co.Wisconsin Supreme Court · 1871
- Penrhyn Slate Co. v. Granville Electric Light & Power Co.New York Court of Appeals · 1905
- Crosby v. SmithWisconsin Supreme Court · 1865
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