Sabine v. Johnson
Wisconsin Supreme Court
APPEAL from the Circuit Court for Bock County. Action under the mill-dam act. The complaint alleges that the plaintiff is the owner in fee simple of lots one (1) and two (2) of section one (1), town seven (7), range fourteen (14), in Jefferson county, and that said lands are flowed and damaged by means of a certain mill dam across Eock Eiver below said lands, maintained by the defendants without any authority therefor other than is conferred by an act of the legislature,…
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APPEAL from the Circuit Court for Bock County. Action under the mill-dam act. The complaint alleges that the plaintiff is the owner in fee simple of lots one (1) and two (2) of section one (1), town seven (7), range fourteen (14), in Jefferson county, and that said lands are flowed and damaged by means of a certain mill dam across Eock Eiver below said lands, maintained by the defendants without any authority therefor other than is conferred by an act of the legislature, entitled “ an act to authorize the construction of a dam across Eock Eiver,” approved February 4,1842. It is further…
1Opinion of the Court
Lyon, J. 1.
It is objected that the complaint does not contain a sufficiently specific description of the land overflowed by means of the mill dam of the defendants. This objection does not appear to have been made in the court below. The evidence on the subject, which was received without objection, pointed out the precise tract of land affected by the dam, and if the description thereof in the complaint is wanting indefiniteness, the complaint is amendable in that respect, as well after as before judgment. R. S., ch. 125, secs. 33, 34 and 37 (Tay. Stats., 1445-6, §§ 35, 36 and 41).
The claim…
2Cases cited7 opinions
- State Bank v. DuttonWisconsin Supreme Court · 1860
- Pomeroy v. Chicago & Milwaukee RailroadWisconsin Supreme Court · 1870
- Pick v. Rubicon Hydraulic Co.Wisconsin Supreme Court · 1871
- Haag v. DelormeWisconsin Supreme Court · 1872
- Smith v. RussWisconsin Supreme Court · 1863
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Hutchinson v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
- Borchardt v. Wausau Boom Co.Wisconsin Supreme Court · 1882
- Lohmiller v. Indian Ford Water-Power Co.Wisconsin Supreme Court · 1881
- Sandum v. JohnsonSupreme Court of Minnesota · 1913
- Allaby v. Mauston Electric Service Co.Wisconsin Supreme Court · 1908
8 more not listed; retrieve them via the Exa API.