Borchardt v. Wausau Boom Co.
Wisconsin Supreme Court
APPEAL from tlie Circuit Court for Outagamie County. Action for injury to plaintiff’s land from flowage. Plaintiff had a verdict; a new trial was refused; and defendant appealed from a judgment pursuant to the verdict. The principal question involved will sufficiently appear from the opinion.
1Opinion of the CourtOrton, J.
This action is brought to recover damages to the premises of the. plaintiff, situated above the works of the boom company on the Wisconsin river, by flowage caused by such works. The company was authorized to construct and maintain such works at that place, and in such manner, by a charter granted by the legislature of this state by chapter 45, P. & L. Laws of 1871. There was evidence tending to show that in ordinary seasons of high water said premises were not at all flowed, and that the great freshets, which, together with the works of the company, caused the flowage complained of, were…
2Cases cited8 opinions
- Mayor of New-York v. BaileyNew York Supreme Court · 1845
- Panton v. HollandNew York Supreme Court · 1819
- Gray v. HarrisMassachusetts Supreme Judicial Court · 1871
- Cohn v. Wausau Boom Co.Wisconsin Supreme Court · 1879
- Allen v. City of Chippewa FallsWisconsin Supreme Court · 1881
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Ransome v. Wisconsin Electric Power Co.Wisconsin Supreme Court · 1979
- Atkinson v. Goodrich Transportation Co.Wisconsin Supreme Court · 1884
- J. S. Keator Lumber Co. v. St. Croix Boom Corp.Wisconsin Supreme Court · 1888
- Penn v. FoglerIllinois Supreme Court · 1899
- Morey v. Lake Superior Terminal & Transfer Co.Wisconsin Supreme Court · 1905
11 more not listed; retrieve them via the Exa API.