Attorney General ex rel. Askew v. Smith
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dane county: Geo. Clementson, Judge. This is an action in equity brought by the attorney general of the state, in his official capacity, upon the relation of a private citizen, to abate and remove certain structures erected in the waters of Lake Monona, at the foot of Henry street, in the city of Madison.
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Appeal from a judgment of the circuit court for Dane county: Geo. Clementson, Judge. This is an action in equity brought by the attorney general of the state, in his official capacity, upon the relation of a private citizen, to abate and remove certain structures erected in the waters of Lake Monona, at the foot of Henry street, in the city of Madison. The structures complained of are alleged to be purprestures and public nuisances, as well as invasions of the riparian rights of the relator as owner of part of lot 1, block 70, in the city of Madison. In the above map the premises occupied by…
1Opinion of the CourtWiNsnow, J.
Lake Monona is a meandered lake, navigable in fact. The title to its bed is in the state in trust for legitimate public uses, such as fishing, navigation, and the like; and the state cannot convey it away for private uses, nor can it abdicate the trust. McLennan v. Prentice, 85 Wis. 427; Priewe v. Wis: State L. & L. Co. 93 Wis. 534; Mendota Glub v. Anderson, 101 Wis. 479; Pewaukee v. Savoy, 103 Wis. 271; Stats. 1898, sec. 1607a. A structure built upon the bed of the lake, not in aid of navigation (e. g. a building in which to store and repair boats), is a purpres-*540ture,— an invasion, both of…
2Cases cited12 opinions
- The People v. . VanderbiltNew York Court of Appeals · 1863
- Village of Pewaukee v. SavoyWisconsin Supreme Court · 1899
- Mendota Club v. AndersonWisconsin Supreme Court · 1899
- John V. Farwell Co. v. WolfWisconsin Supreme Court · 1897
- People ex rel. Teschemacher v. DavidsonCalifornia Supreme Court · 1866
7 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Quinn v. Pere Marquette Railway Co.Michigan Supreme Court · 1931
- State v. KorrerSupreme Court of Minnesota · 1914
- State v. BleckWisconsin Supreme Court · 1983
- Reichard v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1942
- Coates & Hopkins Realty Co. v. Kansas City Terminal Railway Co.Supreme Court of Missouri · 1931
10 more not listed; retrieve them via the Exa API.