Smith v. Youmans
Wisconsin Supreme Court
Appeal from, a judgment of the circuit court for ’Wal-worth county: Eeank FL Fisii, Circuit Judge. This is an action to restrain the defendants from in any way or manner drawing down or lowering the water in Lake Beulah, so called, and is brought by a large number of riparian proprietors on and along the waters of said lake against the owners and lessee of a certain dam at or near the outlet,, whereby the waters of the lake were raised to a sufficient level to create a water…
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Appeal from, a judgment of the circuit court for ’Wal-worth county: Eeank FL Fisii, Circuit Judge. This is an action to restrain the defendants from in any way or manner drawing down or lowering the water in Lake Beulah, so called, and is brought by a large number of riparian proprietors on and along the waters of said lake against the owners and lessee of a certain dam at or near the outlet,, whereby the waters of the lake were raised to a sufficient level to create a water power for milling purposes. Upon a trial of the issues joined the following facts were found, in substance: Lake…
1Opinion of the CourtPinney, J.
It clearly appears that H. A. Youmans, the lessor of the defendant Howitt, and ancestor through whom the other defendants derived their rights to the mill power and water rights and privileges in question, acquired a right by prescription, or an easement, to maintain the waters of *109Lake Beulah at the level to which they were finally raised, and at which they had been maintained for a period of over forty years, and consequently to set the waters of the lake back against and over and upon the lands of the riparian proprietors, the plaintiffs and others, on the lake, for the purpose of creating…
2Cases cited7 opinions
- State ex rel. Cothren v. LeanWisconsin Supreme Court · 1859
- Egberts v. WoodNew York Court of Chancery · 1831
- Ford v. WhitlockSupreme Court of Vermont · 1855
- Woodbury v. ShortSupreme Court of Vermont · 1845
- Norton v. VolentineSupreme Court of Vermont · 1842
2 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Clement v. State Reclamation BoardCalifornia Supreme Court · 1950
- Natural Soda Products Co. v. City of Los AngelesCalifornia Supreme Court · 1943
- Village of Pewaukee v. SavoyWisconsin Supreme Court · 1899
- Mendota Club v. AndersonWisconsin Supreme Court · 1899
- Chowchilla Farms Inc. v. MartinCalifornia Supreme Court · 1933
34 more not listed; retrieve them via the Exa API.