Janssen v. Lammers
Wisconsin Supreme Court
APPEAL from the Circuit Court for Sheboygan County. Action under the mill-dam act, against the owners of a mill and dam, to recover damages for flowing lands.
Read the full summary
APPEAL from the Circuit Court for Sheboygan County. Action under the mill-dam act, against the owners of a mill and dam, to recover damages for flowing lands. The complaint alleges the plaintiff’s title to certain lands, the maintenance of a mill-dam by the defendants across Onion river, and the flowing and damage to plaintiff’s lands by reason thereof; and also that such dam is raised to an unreasonable height; and asks to have the damages assessed and judgment entered therefor. The answer raises two issues: 1. That the dam is not maintained at an unreasonable height. 2. That it had been…
1Opinion of the CourtCole, J.
It is claimed that there was error in giving tbe third and fourth instructions asked on tbe part of the defendants.
Tbe third instruction was to tbe effect tbat, if tbe jury should find from tbe evidence tbat tbe dam of tbe defendants bad been maintained at a uniform height for tbe ten years proceeding tbe commencement of tbe action; or if they should find tbat no greater injury bad been occasioned tbe lands of tbe plaintiff by said dam since Nov. 1st, 1857, than prior to tbat time, then their verdict must be for the defendants.
*91We do not see any substantial objection to this instruction. It…
2Cases cited1 opinion
- Smith v. RussWisconsin Supreme Court · 1863
3Cited by6 opinions
- Milwaukee Trust Co. v. City of MilwaukeeWisconsin Supreme Court · 1912
- Jones v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1880
- Lange v. OlsonWisconsin Supreme Court · 1925
- Kidd v. FleekWisconsin Supreme Court · 1879
- Kaufer v. WalshWisconsin Supreme Court · 1894
1 more not listed; retrieve them via the Exa API.