Crosby v. Smith
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. Grosly and others filed a bill in equity in the circuit court for Rock county, in 1856, in which they aver that they are the owners of certain lands in said county adjoining Rock river: that in 1846 a dam about four feet in height was built across said river within the present limits of the city of Janesville, and a little distance below plaintiffs’ lands, and has since been maintained at that height; that during the time it has…
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APPEAL from the Circuit Court for Dane County. Grosly and others filed a bill in equity in the circuit court for Rock county, in 1856, in which they aver that they are the owners of certain lands in said county adjoining Rock river: that in 1846 a dam about four feet in height was built across said river within the present limits of the city of Janesville, and a little distance below plaintiffs’ lands, and has since been maintained at that height; that during the time it has been so maintained it has caused the waters of Rock river to overflow considerable portions of plaintiffs’ said lands,…
1Opinion of the Court
The following opinion was filed at the June term, 1863 :
By the Court,
PAINE J.
Within the rule acted on by this court in the case of Sheldon v. Rockwell, 9 Wis., 166, and Cobb v. Smith, 16 Wis., 661, the complaint in this case fails to show a sufficient ground for a court of equity to wholly abate the dam of the defendants. It shows that the dam was erected across Rock river at the city of Janesville, in 1846, and has been maintained from that time until the commencement of this suit. It fails to show any excuse or justification for the acquiescence on the part of the plaintiffs for such a…
2Cases cited3 opinions
- Sheldon v. RockwellWisconsin Supreme Court · 1859
- Cobb v. SmithWisconsin Supreme Court · 1863
- Wood v. HustisWisconsin Supreme Court · 1863
3Cited by10 opinions
- Arneson v. SpawnSouth Dakota Supreme Court · 1891
- Sika v. Chicago & North-Western Railway Co.Wisconsin Supreme Court · 1867
- Allaby v. Mauston Electric Service Co.Wisconsin Supreme Court · 1908
- Schuster v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1910
- Caylor v. LuzadderIndiana Supreme Court · 1894
5 more not listed; retrieve them via the Exa API.