Rooker v. Perkins
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Racine County. This was an. action under tbe mill dam law, commenced September, 1859. Tbe complaint, after stating in tbe -usual form tbat about eight acres of tbe plaintiff’s farm bad been overflowed and injured in consequence of tbe erection of tbe defendants’ dam, alleged tbat tbe ebbing and flowing of tbe water upon said eight acres bad caused tbe atmosphere in tbe neighborhood to become impure, by means of which he and bis family, who…
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APPEAL from tbe Circuit Court for Racine County. This was an. action under tbe mill dam law, commenced September, 1859. Tbe complaint, after stating in tbe -usual form tbat about eight acres of tbe plaintiff’s farm bad been overflowed and injured in consequence of tbe erection of tbe defendants’ dam, alleged tbat tbe ebbing and flowing of tbe water upon said eight acres bad caused tbe atmosphere in tbe neighborhood to become impure, by means of which he and bis family, who resided on the farm, bad, from time to time, become sick, and be bad been obliged to expend a large sum of money in bis…
1Opinion of the Court
By the Court,
DIXON, C. J.
We see no error for which the judgment in this case should be reversed. The appellant’s offer to show that the water in the dam infects the atmosphere in the neighborhood of his residence with noxious vapors and produces sickness in his family, for the purpose of proving that the dam is raised too high, was properly rejected. It is obviously the policy and object of the statute, to give the owner whose land has Actually been overflowed or otherwise directly injured by the raising of the water, compensation for such injuries to the land. The fourth section declares…
2Cited by11 opinions
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- Haag v. DelormeWisconsin Supreme Court · 1872
- Nelson v. JacobsWisconsin Supreme Court · 1898
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