Green Bay & Mississippi Canal Compact v. Kaukauna Water Power Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Outa-gamie county: JohN GoodlaND, Circuit Judge. This action was commenced in August, 1896, to recoven the value of the use of plaintiff’s water power wrongfully appropriated by the defendant.
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Appeal from a judgment of the circuit court for Outa-gamie county: JohN GoodlaND, Circuit Judge. This action was commenced in August, 1896, to recoven the value of the use of plaintiff’s water power wrongfully appropriated by the defendant. The complaint sets out plaintiff’s ownership of the water power ou the Fox river furnished by the upper dam at Kaukauna; that on May 9, 1896, the defendant “ wrongfully entered into possession of, and wrongfully took and appropriated ” to its use, one half of said hydraulic power, stating the manner in which it. was' done; that an action was commenced by…
1Opinion of the Court
*328The following opinion was filed November 5, 1901:
Bardeen, J.
We cannot resist the conclusion that this case has been swamped by a multitude of contentions, On the one side we are told that this is either -a case in the nature of “ trespass for mesne profits,” “ assumpsit for use and occupation,” “assumpsit for money had and received,” or “ trespass on the case for diversion of water.” On the other we are informed that the complaint does not state a cause 'of action; that it does not state'a case in which the tort can be waived and a recovery permitted on implied contract; that it does not…
2Cases cited10 opinions
- Kaukauna Water Power Co. v. Green Bay & Mississippi Canal Co.Supreme Court of the United States · 1891
- Webb v. Portland Manuf'g Co.U.S. Circuit Court for the District of Maine · 1838
- De Camp v. . BullardNew York Court of Appeals · 1899
- Ulbricht v. Eufaula Water Co.Supreme Court of Alabama · 1888
- Green Bay & Mississippi Canal Co. v. Patten Paper Co.Supreme Court of the United States · 1898
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3Cited by5 opinions
- Barker v. Publishers' Paper Co.Supreme Court of New Hampshire · 1918
- Union Water Power Co. v. Inhabitants of LewistonSupreme Judicial Court of Maine · 1906
- Lancaster & Jefferson Electric Light Co. v. JonesSupreme Court of New Hampshire · 1909
- Barclay Brass & Aluminum Foundry, Inc. v. ResnickWisconsin Supreme Court · 1967
- Antigo Electric Co. v. Faust Lumber Co.Wisconsin Supreme Court · 1932