Timm v. Bear
Wisconsin Supreme Court
APPEAL from the Circuit Court for Sheboygan County. Action by a mill-owner to recover damages alleged to have been sustained by him by reason of the defendant’s erecting a new dam to supply bis own mill, called the Cascade Mill, above on the same stream, with water, and thereby detaining the water, or letting it off in a manner different from its previous use.
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APPEAL from the Circuit Court for Sheboygan County. Action by a mill-owner to recover damages alleged to have been sustained by him by reason of the defendant’s erecting a new dam to supply bis own mill, called the Cascade Mill, above on the same stream, with water, and thereby detaining the water, or letting it off in a manner different from its previous use. The complaint, after stating the ownership and former condition of the two mills and dams, and the flow and use of the water of the stream, alleges “ that the waters of said stream ought now to run and flow to the said plaintiff’s mill…
1Opinion of the Court
Dixon, O. J.
The charge was chiefly made up of, and the court below granted, the requests to instruct, one and all, as prepared and presented by counsel for the plaintiff and for the defendant. Those requests evinced a very careful examination *261and clear understanding, on tbe part of counsel respectively, of tbe principles of law applicable to tbe case, and by wbicb tbe rights of tbe parties were to be governed. There was, we think, no inconsistency in. tbe charge, and no misdirection in point of law. Tbe requests to charge, though not identical in language and form of expression, were, so far…
2Cases cited4 opinions
- Barton v. KaneWisconsin Supreme Court · 1863
- Inhabitants of Stratford v. SanfordSupreme Court of Connecticut · 1832
- Frank v. AveryWisconsin Supreme Court · 1866
- Trescott v. BakerSupreme Court of Vermont · 1857
3Cited by13 opinions
- People v. HulbertMichigan Supreme Court · 1902
- Jeffers v. Montana Power Co.Montana Supreme Court · 1923
- Apfelbacher v. StateWisconsin Supreme Court · 1918
- Gehlen Bros. v. KnorrSupreme Court of Iowa · 1897
- Town of Lawrence v. American Writing Paper Co.Wisconsin Supreme Court · 1911
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