Town of Sheboygan v. Sheboygan & Fond du Lac Railroad
Wisconsin Supreme Court
APPEAL from the Circuit Court for Sheboygan County. Action for an injunction. The defendants appealed from an order overruling a demurrer to the answer. The substance of the complaint is stated in the opinion. to the point that the case made in the complaint is that of a public nuisance, indictable but not actionable, cited 4 Blacks. Comm., 167-8, and note ; Willard’s Eq., 391; Cornell v. Tump.
Read the full summary
APPEAL from the Circuit Court for Sheboygan County. Action for an injunction. The defendants appealed from an order overruling a demurrer to the answer. The substance of the complaint is stated in the opinion. to the point that the case made in the complaint is that of a public nuisance, indictable but not actionable, cited 4 Blacks. Comm., 167-8, and note ; Willard’s Eq., 391; Cornell v. Tump. Co., 25 Wend., 365, 368. There is no such remedy as this at common law, and the statute has not given such an one, but has given another to another party, viz: the overseer of highways. R. S., ch. 19,…
1Opinion of the CourtCole, J.
The object of this action is to prevent by a perpetual injunction the railroad company and its employees from placing or erecting any more piles, posts, timbers or other obstructions in the Sheboygan river, at the railroad bridge constructed where the track crosses that river in the town of She-boygan ; and further, to have removed the piles, posts, timbers and other obstructions already placed in the river at that point by the company. It is alleged in the complaint, that these obstructions greatly hinder the natural flow of the water through and under the span of the railroad bridge, and in…
2Cases cited3 opinions
- Milhau v. . SharpNew York Court of Appeals · 1863
- Mohawk Bridge Co. v. Utica & Schenectady Rail RoadNew York Court of Chancery · 1837
- City of Milwaukee v. Milwaukee & Beloit RailroadWisconsin Supreme Court · 1859
3Cited by8 opinions
- City of Janesville v. CarpenterWisconsin Supreme Court · 1890
- City of Madison v. MayersWisconsin Supreme Court · 1897
- Estate of LeavensWisconsin Supreme Court · 1886
- Remington v. FosterWisconsin Supreme Court · 1877
- Pennoyer v. AllenWisconsin Supreme Court · 1881
3 more not listed; retrieve them via the Exa API.