West v. Fox River Paper Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Outagamie County. The action was brought to obtain an adjudication as to what share and proportion of the power furnished by Fox river and of the flow of water therein at a certain point in the city of Appleton, belongs to the plaintiff Edward West or his grantees, on account of the ownership of the south bank of the main channel of the river and the ownership of both banks of the south channel thereof; and to restrain the defendant Fox…
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APPEAL from the Circuit Court for Outagamie County. The action was brought to obtain an adjudication as to what share and proportion of the power furnished by Fox river and of the flow of water therein at a certain point in the city of Appleton, belongs to the plaintiff Edward West or his grantees, on account of the ownership of the south bank of the main channel of the river and the ownership of both banks of the south channel thereof; and to restrain the defendant Fox River Pa/per Company and its grantees from using more than their proper share of the water. The facts are stated in the…
1Opinion of the Court
The following opinion was filed June 15, 1892:
OetoN, J.
The testimony taken in this case, as contained in the printed case even, is very voluminous. The statement of facts will be brief, but sufficient to show the legal *651questions involved. The foregoing is a diagram of the Eox river and Grand Chute island, at the place where the hydraulic works of the parties are situated.
*650
*651The facts are as followsAt a point where the Eox river runs through sections 26 and 35, at the city of Appleton, the river is divided into two channels by Grand Chute island, of considerable length up and down the river, and…
2Cases cited9 opinions
- Buse v. RussellSupreme Court of Missouri · 1885
- People ex rel. Tibbits v. Canal AppraisersNew York Supreme Court · 1835
- Lammers v. NissenNebraska Supreme Court · 1876
- Ford v. WhitlockSupreme Court of Vermont · 1855
- Woodbury v. ShortSupreme Court of Vermont · 1845
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- State ex rel. Wausau Street Railroad v. BancroftWisconsin Supreme Court · 1912
- Wilson v. WatsonCourt of Appeals of Kentucky · 1911
- Steinbuchel v. LaneSupreme Court of Kansas · 1898
- Warren v. Westbrook Manufacturing Co.Supreme Judicial Court of Maine · 1893