Boyington v. Squires
Wisconsin Supreme Court
APPEAL from the Circuit Court for Monroe County. Action to recover damages for the alleged negligence of the defendant in the use of a certain mill-dam and waterpower on Mill creek, in Monroe county, by retaining the water of the stream in the pond created by the dam, and discharging the same therefrom, by means whereof the plaintiff’s land below on the same stream was flowed and injured, and his crops growing thereon destrojmd, etc., etc.
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APPEAL from the Circuit Court for Monroe County. Action to recover damages for the alleged negligence of the defendant in the use of a certain mill-dam and waterpower on Mill creek, in Monroe county, by retaining the water of the stream in the pond created by the dam, and discharging the same therefrom, by means whereof the plaintiff’s land below on the same stream was flowed and injured, and his crops growing thereon destrojmd, etc., etc. The complaint charges that a portion of such damages was caused in June, 1883, and a portion in July, 1884, by the means aforesaid. The answer denies the…
1Opinion of the CourtLyon, J.
1. It is alleged in the complaint that the plaintiff is the owner in fee-simple, and in possession, of the land therein described and charged to have been injured, being sixty acres of land. The answer admits his ownership of forty acres thereof under a conveyance to.him executed by the defendant, and denies his title to the remaining tweuty acres. Probably the plaintiff did not prove a good record title to the twenty acres by competent evidence, but he did prove himself in the actual possession and occupancy of the whole sixty acres when the land was flowed and the injury complained of…
2Cases cited1 opinion
- Winchester v. City of Stevens PointWisconsin Supreme Court · 1883
3Cited by4 opinions
- Moore v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1890
- Hanson v. SeawellIdaho Supreme Court · 1922
- Kunkel v. Utah Lumber Co.Utah Supreme Court · 1905
- Trout Brook Co. v. Willow River Power Co.Wisconsin Supreme Court · 1936