Draper v. Brown
Wisconsin Supreme Court
. Appeal from an order of the circuit court for Waukesha county: Jakes J. Dice, Circuit Judge. Tbe plaintiffs are the owners of property abutting on Fowler Lake, in tbe city of Oconomowoc, Wisconsin, each owning tracts in severalty. This lake is fed by tbe Ocono-mowoc river, which flows in from the east, and its waters are discharged into La Belle Lake, a few rods west.
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. Appeal from an order of the circuit court for Waukesha county: Jakes J. Dice, Circuit Judge. Tbe plaintiffs are the owners of property abutting on Fowler Lake, in tbe city of Oconomowoc, Wisconsin, each owning tracts in severalty. This lake is fed by tbe Ocono-mowoc river, which flows in from the east, and its waters are discharged into La Belle Lake, a few rods west. In 1837 a dam was erected at tbe outlet, raising the water about nine feet above the natural level, which dam has since been maintained and the water usually kept at an average level of nine feet until about 1893. The land…
1Opinion of the Court
BaRdtseN, T.
The only question argued in the briefs is whether two or more causes of action have been improperly united in the complaint. The theory of defendants is that one cause of action is stated against the owners of the water power at the outlet of Fowler Lake for unlawfully decreasing the customary level of the lake, another against the Oconomo-woc Waterways Company for obstructing the accustomed flow of the river, and still another against the Schraudenbach heirs for unlawfully withholding water in Okauchee Lake. At first glance this theory seems somewhat convincing; but when the…
2Cases cited19 opinions
- People v. Gold Run Ditch & Mining Co.California Supreme Court · 1884
- Miller v. Highland Ditch Co.California Supreme Court · 1891
- Blaisdell v. StephensNevada Supreme Court · 1879
- Geurkink v. City of PetalumaCalifornia Supreme Court · 1896
- Goulet v. . AsselerNew York Court of Appeals · 1860
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3Cited by13 opinions
- Young v. VailNew Mexico Supreme Court · 1924
- State v. P. Lorillard Co.Wisconsin Supreme Court · 1923
- Farley v. Crystal Coal & Coke Co.West Virginia Supreme Court · 1920
- Turner v. the James Canal Co.California Supreme Court · 1909
- West Muncie Strawboard Co. v. SlackIndiana Supreme Court · 1904
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