Legal Opinion

Douglass v. State

Wisconsin Supreme Court

Decided June 15, 1856PublishedCited by 15 opinions

ERROR TO THE JEEEERSON OrRCTJIT COURT. The plaintiff in error was indicted in the Jefferson Circuit Court, for a nuisance occasioned bj the erection and maintenance of a mill dam, by which the surrounding lands were overflowed and the health of the community impaired, &c., &c. . The case has been before the court once before {See 8 Wis. Hej>. 820), on objections taken to a former trial, when the former conviction was set aside, and a venire de novo awarded.

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ERROR TO THE JEEEERSON OrRCTJIT COURT. The plaintiff in error was indicted in the Jefferson Circuit Court, for a nuisance occasioned bj the erection and maintenance of a mill dam, by which the surrounding lands were overflowed and the health of the community impaired, &c., &c. . The case has been before the court once before {See 8 Wis. Hej>. 820), on objections taken to a former trial, when the former conviction was set aside, and a venire de novo awarded. It is now presented again for review upon exceptions taken to the ruling of the Circuit Court on the second trial. No question is made in…

1Opinion of the Court

By the Court,

Cole, J.

This is an indictment for a nuisance. The indictment consists of three counts alleging that the plaintiff in error unlawfully and injuriously kept up and maintained upon his land across Johnson’s Greek in Jefferson county, a mill dam, by -means of which the water flowing therein was obstructed, and set back, and flowed up said stream, and over its banks, and over a large tract of land adjoining said stream, near to certain highways, and in the vicinity of the dwelling-houses of divers citizens; that the wood, leaves, and other vegetable matter and animal substances…

2Cases cited1 opinion

  1. People v. CunninghamCourt for the Trial of Impeachments and Correction of Errors · 1845

3Cited by15 opinions

  1. Hannon v. StateWisconsin Supreme Court · 1888
  2. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. Town of CrothersvilleIndiana Supreme Court · 1902
  3. State v. CarpenterWisconsin Supreme Court · 1887
  4. Commonwealth v. JenkinsMassachusetts Supreme Judicial Court · 1994
  5. Allaby v. Mauston Electric Service Co.Wisconsin Supreme Court · 1908

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