Cedar Lake Hotel Co. v. Cedar Creek Hydraulic Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Washington County. The case fully appears from the opinion. They contended that, under the authority conferred by ch. 26, P. & L. Laws of 1867, as extended by ch. 147, Laws of 1875, the corporation defendant had the right to both raise and draw off the water of the lake for hydraulic purposes; and, if it had exceeded its powers, the remedy was by an information filed by the attorney general and not by private suit.
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APPEAL from the Circuit Court for Washington County. The case fully appears from the opinion. They contended that, under the authority conferred by ch. 26, P. & L. Laws of 1867, as extended by ch. 147, Laws of 1875, the corporation defendant had the right to both raise and draw off the water of the lake for hydraulic purposes; and, if it had exceeded its powers, the remedy was by an information filed by the attorney general and not by private suit. The plaintiffs are estopped, by their acquiescence for eighteen years in the acts of defendants, from now complaining thereof. The corporation was…
1Opinion of the CourtOrton, J.
This appeal is taken by the defendant the Gedar Greeh Hydraulic Company from the order of the circuit court overruling its demurrer to the'complaint. The substantial facts stated in the complaint are as follows:
The Cedcur Lahe Hotel Company is a corporation of this state, and owns several acres of ground and a hotel, with all the necessary appliances and improvements as a pleasure resort for 200 guests, on the shores of Big Cedar Lake, in .Washington county, and of great value and profitable. Its value mainly consists in being situated on the shores of said lake, with access to the waters…
2Cases cited4 opinions
- Stadler v. GriebenWisconsin Supreme Court · 1884
- Fraedrich v. FliethWisconsin Supreme Court · 1885
- Patten Paper Co. v. Kaukauna Water-Power Co.Wisconsin Supreme Court · 1888
- Brickner Woolen Mills Co. v. HenryWisconsin Supreme Court · 1888
3Cited by15 opinions
- Priewe v. Wisconsin State Land & Improvement Co.Wisconsin Supreme Court · 1896
- Case v. HoffmanWisconsin Supreme Court · 1893
- Weinhagen v. HayesWisconsin Supreme Court · 1921
- Turner v. the James Canal Co.California Supreme Court · 1909
- Kimberly-Clark Co. v. Patten Paper Co.Wisconsin Supreme Court · 1913
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