Sheldon v. Rockwell
Wisconsin Supreme Court
APPEAL PROM CIRCUIT COURT, WAUKESHA COUNTY. This was an action commenced by the plaintiff by a bill in chancery in the circuit court of Waukesha, on the 28th of August, 1856, for an injunction to restrain the defendants from rebuilding a dam across the Oconomowoc river, in Oconomowoc, in that county.
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APPEAL PROM CIRCUIT COURT, WAUKESHA COUNTY. This was an action commenced by the plaintiff by a bill in chancery in the circuit court of Waukesha, on the 28th of August, 1856, for an injunction to restrain the defendants from rebuilding a dam across the Oconomowoc river, in Oconomowoc, in that county. The bill states that the plaintiff was the owner, and possessed of two eighty acre tracts of land, through rvhich the creek ran, and on which there was a good water power, which he intended to improve. He began his possession in 1837. There was also on the banks of the creek about 12 acres of…
1Opinion of the Court
By the Court,
Dixon, C. J.
There is no doubt of the power of a court of equity to interfere by injunction, to prohibit injuries occasioned by the back-flowage of water, in cases like the present.
But in this proceeding there is one feature which we consider conclusive upon the rights of the parties. It is the length of time which the plaintiff permitted to pass after’the erection of the dam in question, and before the commencement of his suit to restrain its construction or continuance. *180Nineteen years elapsed between the building of the dam and the institution of this action. The dam was begun…
2Cases cited3 opinions
- Piatt v. VattierSupreme Court of the United States · 1835
- Sherwood v. SuttonU.S. Circuit Court for the District of New Hampshire · 1828
- Dexter v. ArnoldU.S. Circuit Court for the District of Rhode Island · 1837
3Cited by35 opinions
- Bielski v. SchulzeWisconsin Supreme Court · 1962
- Pettigrew v. Village of EvansvilleWisconsin Supreme Court · 1870
- G., H. S.A. Ry. Co. v. DegroffTexas Supreme Court · 1909
- Warden v. Board of SupervisorsWisconsin Supreme Court · 1861
- Bell v. HudsonCalifornia Supreme Court · 1887
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