Case v. Hoffman
Wisconsin Supreme Court
APPEAL from the Circuit Court for Jackson County. Tbe facts are stated in the opinion. To the point that the complaint describes a, natural watercourse, they cited, besides cases cited in the opinion, West v. Taylor, 16 Oreg. 165; Montgomery v. Locke, 72 Cal. 75; Potter v. Howe, 141 Mass. 357; Palmer v. Wad-dell, 22 Kan. 352; Crawford v. Fambo, 44 Ohio St. 279; Byrne v. M. efe St. L. F. Go. 38 Minn. 212; Gould, Waters, sec. 263; Washburn, Easem.
Read the full summary
APPEAL from the Circuit Court for Jackson County. Tbe facts are stated in the opinion. To the point that the complaint describes a, natural watercourse, they cited, besides cases cited in the opinion, West v. Taylor, 16 Oreg. 165; Montgomery v. Locke, 72 Cal. 75; Potter v. Howe, 141 Mass. 357; Palmer v. Wad-dell, 22 Kan. 352; Crawford v. Fambo, 44 Ohio St. 279; Byrne v. M. efe St. L. F. Go. 38 Minn. 212; Gould, Waters, sec. 263; Washburn, Easem. (4th ed.), 363; Luther v. Wm-nisimmet Go. 9 Cush. 171; Ashley v. Wolcott, 11 id. 192. To establish a natural watercourse, it is enough to show (1)…
1Opinion of the CourtOetoN, J.
This is an appeal from the order of the circuit court sustaining a demurrer to the complaint on the ground that it did not state a cause of action. The facts stated in the complaint are substantially as follows:
The plaintiff is the owner of 440 acres of land in sections 21 and 22, town-20, range 1 E., purchased and suitable for the cultivation of cranberries. “ There is a natural stream of water known as ‘ Beaver Greek,’ with clearly-defined banks and a fixed channel, varying in depth, but always with ■ a steady flow of the waters in an easterly direction, bearing south, through the northern…
2Cases cited23 opinions
- Pettigrew v. Village of EvansvilleWisconsin Supreme Court · 1870
- Hoyt v. City of HudsonWisconsin Supreme Court · 1871
- Sheldon v. RockwellWisconsin Supreme Court · 1859
- Wadsworth v. TillotsonSupreme Court of Connecticut · 1843
- Arnold v. FootNew York Supreme Court · 1834
18 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Minichiello v. RosenbergCourt of Appeals for the Second Circuit · 1968
- Case v. HoffmanWisconsin Supreme Court · 1898
- Heller v. Fire Insurance ExchangeSupreme Court of Colorado · 1990
- Rigney v. Tacoma Light & Water Co.Washington Supreme Court · 1894
- Mitchell v. BainIndiana Supreme Court · 1895
25 more not listed; retrieve them via the Exa API.