Green Bay & Mississippi Canal Co. v. Telulah Paper Co.

WiNsnow, O. J.

In February, 1892, the plaintiff corporation, which is the owner of the surplus water power not' needed for navigation purposes created by the Grand Ohute •or government dam in the Fox river at Appleton, brought this action in equity against the defendants, who own the ■dam immediately below the plaintiff’s dam, and known as the middle dam at Appleton, and the water power created thereby, to restrain the defendants from maintaining said middle dam at its present height, claiming that the same unlawfully sets hack the water of the river and üows the plaintiff’s lands and water…