Jones v. Pettibone
Wisconsin Supreme Court
ERROR TO BROWN COUNTS' CIRCUIT COURT. This was an action of trespass on the case, commenced in the Circuit Court of Brown County, by the defendants in error against the plaintiff in error. The declaration alleges, that from the first day of January, 1886, and from thence hitherto, the Oconto river, in said county of Brown, was, and has been, and still ought to be, a public, navigable river and common highway, Ac., &c.
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ERROR TO BROWN COUNTS' CIRCUIT COURT. This was an action of trespass on the case, commenced in the Circuit Court of Brown County, by the defendants in error against the plaintiff in error. The declaration alleges, that from the first day of January, 1886, and from thence hitherto, the Oconto river, in said county of Brown, was, and has been, and still ought to be, a public, navigable river and common highway, Ac., &c. That the said plaintiffs were possessed of a large quantity of lumber on Little river, in said county, and on the said Oconto river, which lumber tbe plaintiffs bad manufactured…
1Opinion of the Court
By the Court,
Whiton, C. J.
The bill of exceptions in this case shows that various exceptions were taken to the ruling of the judge at the trial, in regard to the admissibility of testimony, and in regard to his instructions to the jury.
It appears that one George Lurwick and his associates were authorized by an act of the legislature to build a dam across the Oconto river, at the place where the one owned by the plaintiffs in error is situated. The act was passed bn the 16th of February, A. I). 1842, and authorizes Lurwick and his associates to build a dam across the river on lots six and…
2Cited by27 opinions
- United States v. Willow River Power Co.Supreme Court of the United States · 1945
- Willow River Club v. WadeWisconsin Supreme Court · 1898
- City of Janesville v. CarpenterWisconsin Supreme Court · 1890
- Delaplaine v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1877
- Wisconsin River Improvement Co. v. LyonsWisconsin Supreme Court · 1872
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