Pedelty v. Wisconsin Zinc Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Lafayette county: Gbobgb QlemeNtsoN, Circuit Judge. Action to enjoin defendant from depositing waste material from a mineral concentrating mill on plaintiffs’ land, and to recover compensation for damages caused by trespass of that nature thereon. The issues are indicated by the following epitome of the findings: During the time material to the cause, plaintiffs were and are owners of the land in question.
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Appeal from a judgment of the circuit court for Lafayette county: Gbobgb QlemeNtsoN, Circuit Judge. Action to enjoin defendant from depositing waste material from a mineral concentrating mill on plaintiffs’ land, and to recover compensation for damages caused by trespass of that nature thereon. The issues are indicated by the following epitome of the findings: During the time material to the cause, plaintiffs were and are owners of the land in question. A considerable part thereof is bottom land, some 100 feet, more or less, below the level of near-by land on which defendant operated a mine…
1Opinion of the CourtMarshall, J.
Notwithstanding the complaint contains much unnecessary language, some worse than unnecessary, as it presented matters not legitimate subjects of proof and tending not only to incumber but to confuse, there is, in the whole, stated, a cause of action to enjoin a continuous trespass and, incidentally, to recover damages caused by the wrong. Such cause might well even have been stated without pleading the contract under which defendant sought to justify, leaving it to plead that for a defense, but the pleading of it at the start, in connection with circumstances indicating that, in one fair…
2Cases cited7 opinions
- Klueter v. Joseph Schlitz Brewing Co.Wisconsin Supreme Court · 1910
- Ganson v. MadiganWisconsin Supreme Court · 1862
- Johnson v. PughWisconsin Supreme Court · 1901
- Burton v. DouglassWisconsin Supreme Court · 1909
- Steele v. SchrickerWisconsin Supreme Court · 1882
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
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- Town Council of Town of Hudson v. LaddWyoming Supreme Court · 1928
- Hammond v. Capital City Mutual Fire InsuranceWisconsin Supreme Court · 1912
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