Wood v. Hustis
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Dodge County. This was an action at common law to recover damages for the flowage of the plaintiff’s lands by reason of the maintenance, by the defendant, of a dam across Rock Ritfer at sec. 9, Town 10, Range 16, in Dodge county. Judgment for the plaintiff.
1Opinion of the Court
By the Court,
PAINE, J.
This action was brought as a common law action, to recover damages for flowing the plaintiff’s land, caused by the erection of a dam on Rock River in Dodge county. The complaint avers that the river at that point was navigable in fact, and was meandered and returned as navigable by the surveyors of the United States. The answer denied that the river was there navigable in fact; and on the trial the defendant offered evidence to show that it was not, which was rejected.
This question was supposed to be material in order to determine whether the general mill dam law was…
2Cited by9 opinions
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- Appeal of RottenbergerWisconsin Supreme Court · 1908
- Allaby v. Mauston Electric Service Co.Wisconsin Supreme Court · 1908
- Crosby v. SmithWisconsin Supreme Court · 1865
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