Hackstack v. Keshena Improvement Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Outagamie County. The case is stated in the opinion. They contended inter alia: 1. The right to discharge the accumulated waters which carry the logs to the lower point named in the act, is a necessary incident of the power’s granted. The charter must be reasonably construed. Ohesapealee & 0. Oanal Go. v. Kay, 3 Oranch C. C. 599; Briclgeforcl v. Kail, 18 La.
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APPEAL from the Circuit Court for Outagamie County. The case is stated in the opinion. They contended inter alia: 1. The right to discharge the accumulated waters which carry the logs to the lower point named in the act, is a necessary incident of the power’s granted. The charter must be reasonably construed. Ohesapealee & 0. Oanal Go. v. Kay, 3 Oranch C. C. 599; Briclgeforcl v. Kail, 18 La. Ann. 211. 2. The defendant is an agent of the state to improve a public navigable river, and the incidental injury to the plaintiff resulting from the works of the agent, authorized by the charter, is…
1Opinion of the CourtOutoh, J.
The material facts stated in the complaint are as follows: The defendant, as a corporation, for more than six years was the proprietor or manager of certain dams across the Wolf river and its tributaries at a point many miles above the land and farm of the plaintiff on said river, and by means of said dams the waters of said river and tributaries were caused to accumulate in large reservoirs and ponds. In the spring and early summer of each year the defendant caused the waters so retained to be discharged into the river below, for the purpose of raising the same for *441the purpose of floating…
2Cases cited1 opinion
- Alexander v. City of MilwaukeeWisconsin Supreme Court · 1862
3Cited by6 opinions
- Winchell v. City of WaukeshaWisconsin Supreme Court · 1901
- Barden v. City of PortageWisconsin Supreme Court · 1891
- City of Frankfort v. SlipherIndiana Court of Appeals · 1928
- Alabama Lumber Co. v. KeelSupreme Court of Alabama · 1899
- Trout Brook Co. v. Willow River Power Co.Wisconsin Supreme Court · 1936
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