Pogel v. Meilke
Wisconsin Supreme Court
APPEAL from the Circuit Court for Jefferson County. Action of trespass guare clausum, commenced in justice’s court. The answer, besides a general denial, gave notice that upon the trial the defendant would show that he and his grantors and the public had a prescriptive right to walk upon the banks and take fish from a stream known as Stony, brook, upon the plaintiff’s premises, and that at the time of the alleged trespass he was in the exercise of such right.
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APPEAL from the Circuit Court for Jefferson County. Action of trespass guare clausum, commenced in justice’s court. The answer, besides a general denial, gave notice that upon the trial the defendant would show that he and his grantors and the public had a prescriptive right to walk upon the banks and take fish from a stream known as Stony, brook, upon the plaintiff’s premises, and that at the time of the alleged trespass he was in the exercise of such right. Other facts are stated in the opinion. The defendant had a judgment in the justice’s court. Upon an appeal to the circuit court the…
1Opinion of the Court
Cole, O. J.
The defendant made no attempt to prove a prescriptive right to catch fish in Stony brook, on plaintiff’s land, so that defense is out of the case. But the defendant also answered that the trespass complained of was committed.by him jointly with one Jordan; that about the time this suit was instituted the plaintiff commenced an action against Jordan to recover damages for the trespass; that while both actions were pending and undetermined the plaintiff accepted and received from Jordan the sum of fifty cents in full satisfaction of said alleged cause of action, together with $1.92…
2Cases cited1 opinion
- Ellis v. EssonWisconsin Supreme Court · 1880
3Cited by13 opinions
- O'Neil v. National Oil Co.Massachusetts Supreme Judicial Court · 1918
- Young v. AndersonIdaho Supreme Court · 1921
- Missouri, Kansas & Texas Railway Co. v. McWherterSupreme Court of Kansas · 1898
- Renner v. Model Laundry, Cleaning & Dyeing Co.Supreme Court of Iowa · 1921
- Brandstein v. Ironbound Transportation Co.Supreme Court of New Jersey · 1934
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