Delaplaine v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for,Dane, County. The case as stated in the complaint was this: Plaintiffs were the owners of a parcel of land in the city of Madison, bounded on one side by Lake Monona, a navigable body of fresh water, about nine miles in circumference.
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APPEAL from the Circuit Court for,Dane, County. The case as stated in the complaint was this: Plaintiffs were the owners of a parcel of land in the city of Madison, bounded on one side by Lake Monona, a navigable body of fresh water, about nine miles in circumference. As such, they were entitled at all times to have free access, by themselves and their servants, with boats and otherwise, to and from said lake, upon every part of their said land, and to have the water of the lake flow uninterruptedly to the line of their land as it had always been accustomed to do, and to enjoy' all the other…
1Opinion of the CourtCole, J.
In a number of decisions made by this court, it has been held that the proprietor of lands on navigable streams takes usque ad filum aquae, as the boundary of his estate, *225subject to the public easement or right of navigation. It is not deemed necessary now to .discuss or allude to the principles on which these adjudications rest; it is sufficient to say that this was the rule laid down in Jones v. Pettibone, 2 Wis., 308, decided in 1853, and the same doctrine has been often reaffirmed since. Walker v. Shepardson, 2 Wis., 384; S. C., 4 id., 486; Mariner v. Schulte, 13 id., 693; Arnold v.…
2Cases cited6 opinions
- Canal Commissioners v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1830
- Jones v. PettiboneWisconsin Supreme Court · 1853
- Seaman v. SmithIllinois Supreme Court · 1860
- Jakeway v. BarrettSupreme Court of Vermont · 1865
- Walker v. ShepardsonWisconsin Supreme Court · 1853
1 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Lamprey v. StateSupreme Court of Minnesota · 1893
- Crawford Co. v. HathawayNebraska Supreme Court · 1903
- Willow River Club v. WadeWisconsin Supreme Court · 1898
- City of Janesville v. CarpenterWisconsin Supreme Court · 1890
- Mendota Club v. AndersonWisconsin Supreme Court · 1899
42 more not listed; retrieve them via the Exa API.