Barden v. City of Portage
Wisconsin Supreme Court
APPEAL from the Circuit Court for Columbia County. The case is fully stated in the opinion. argued that the fact that the levee was built by the permission and request of the plaintiff was a full defense to the action. French v. Owen, 2 Wis. 250; Lockhart v. Ceir, 54 id. 133; Lee v. Meelwr, 2 id. 487; Selden, Fir, v. Del. da Hud. Carnal Co. 29 N. Y. 634; Ma/rsh v. Bellew, 45 Wis. 36. Such consent was a waiver of the right of action for trespass and ejectment.
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APPEAL from the Circuit Court for Columbia County. The case is fully stated in the opinion. argued that the fact that the levee was built by the permission and request of the plaintiff was a full defense to the action. French v. Owen, 2 Wis. 250; Lockhart v. Ceir, 54 id. 133; Lee v. Meelwr, 2 id. 487; Selden, Fir, v. Del. da Hud. Carnal Co. 29 N. Y. 634; Ma/rsh v. Bellew, 45 Wis. 36. Such consent was a waiver of the right of action for trespass and ejectment. Taylor v. C, M. <& St. P. R. Co. 63 Wis. 327; Mil. & N. R. Co. v. Strange, 63 id. 178, 183; Cassidy v. C. da N. W. R. Co. 70 id. 440.…
1Opinion of the CourtOrton, J.
The Wisconsin river, after it passes the dells above Kilbourn City, runs in an east-southeasterly direction to Portage Oity, and then bends to the southwest. Portage City is on both sides of the river, and on the south side of the river is the farm of the plaintiff, of some 100 acres, within the city limits. The plaintiff’s dwelling-house and out-buildings are on or near the river, and there is a bridge across the river, opposite said dwelling-house. The Baraboo river runs for several miles nearly parallel with the Wisconsin river, in some places only a mile or two apart, until it takes…
2Cases cited10 opinions
- Pettigrew v. Village of EvansvilleWisconsin Supreme Court · 1870
- Arimond v. Green Bay & Mississippi Canal Co.Wisconsin Supreme Court · 1872
- Alexander v. City of MilwaukeeWisconsin Supreme Court · 1862
- Folsom v. Apple River Log-Driving Co.Wisconsin Supreme Court · 1877
- Gilluly v. City of MadisonWisconsin Supreme Court · 1885
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Conger v. Pierce CountyWashington Supreme Court · 1921
- Priewe v. Wisconsin State Land & Improvement Co.Wisconsin Supreme Court · 1896
- Town of Jefferson v. HicksSupreme Court of Oklahoma · 1909
- State ex rel. Jones v. FroehlichWisconsin Supreme Court · 1902
- Kansas City, Memphis & Birmingham Railroad v. SmithMississippi Supreme Court · 1895
6 more not listed; retrieve them via the Exa API.