Charnley v. Shawano Water Power & River Improvement Co.
Wisconsin Supreme Court
Appeal from an order of the circuit court for Shawam> county: JohN GoodlaND, Circuit Judge. Proceedings to obtain damages to property claimed to have been overflowed by defendant’s dam. By ch. 235, Laws of 1889, the privilege of erecting a dam across the Wolf river* near the city of Shawano, was granted to O. M. Upham and others for “ manufacturing and other purposes.”
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Appeal from an order of the circuit court for Shawam> county: JohN GoodlaND, Circuit Judge. Proceedings to obtain damages to property claimed to have been overflowed by defendant’s dam. By ch. 235, Laws of 1889, the privilege of erecting a dam across the Wolf river* near the city of Shawano, was granted to O. M. Upham and others for “ manufacturing and other purposes.” Said ¡Darties or their assigns were given power to secure flowage rights under sec. 1777, R. S. 1878, as amended by ch. 318, Laws of 1882. Defendant is a corporation organized for the purpose of building said dam for hydraulic…
1Opinion of the CourtBaedeeN, J.
The points made by the defendant are (1) that the evidence does not show that the lands described in the petition are overflowed by defendant’s dam; (2) that the evidence does not show that the overflow of said lands is necessary in accomplishing the purposes of its creation; (3) that the defendant has a prescriptive right to overflow said lands.
1. Concerning the contention that the evidence fails to show that the petitioner’s lands are overflowed by backwater from the defendant’s dam, there is considerable evidence in the record to support the trial court’s conclusion. We may say that it is…
2Cases cited13 opinions
- Willow River Club v. WadeWisconsin Supreme Court · 1898
- In re EldredWisconsin Supreme Court · 1879
- A. C. Conn Co. v. Little Suamico Lumber Manufacturing Co.Wisconsin Supreme Court · 1889
- Walker v. ShepardsonWisconsin Supreme Court · 1853
- Barnes v. City of RacineWisconsin Supreme Court · 1856
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Day v. ArmstrongWyoming Supreme Court · 1961
- Eau Claire Dells Improvement Co. v. City of Eau ClaireWisconsin Supreme Court · 1920
- Arrien v. LevangerOregon Supreme Court · 1972
- Jeffery v. Chicago & Milwaukee Electric RailroadWisconsin Supreme Court · 1909
- Allaby v. Mauston Electric Service Co.Wisconsin Supreme Court · 1908
6 more not listed; retrieve them via the Exa API.