Reysen v. Roate
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Sheboy-gan county: if. S. Gilson, Circuit Judge. To the point that ice formed on artificial ponds and nonnav-igable streams belongs to the owner of the soil under the water, they cited Gould, "Waters, § 191; 3 Lawson, Rights, Rem. ■& Pr. § 1345; 9 Am. & Eng. Ency. of Law, 860, and notes 3, 4; id. 862; Anderson, Law Diet. 519, 520; Bigelow
1Opinion of the CourtWinslow, J.
The plaintiff was the lessee of a mill on the Sheboygan river, and of the water power and the rights of flowage appurtenant thereto; but was not a riparian proprietor. on the millpond, nor the owner in fee of the bed of the pond. The defendant entered upon the pond when frozen, and placed timbers thereon, and cut and removed ice therefrom, but did not thereby interfere with the plaintiff’s right of flowage or lessen his water supply., Can the plaint*544iff maintain trespass ? The circuit court held that the action could not be-maintained by the plaintiff, and we are satisfied that the judgment is…
2Cases cited2 opinions
- Olson v. MerrillWisconsin Supreme Court · 1877
- Bigelow v. ShawMichigan Supreme Court · 1887
3Cited by5 opinions
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- Abbott v. CremerWisconsin Supreme Court · 1903
- Valentino v. . SchantzNew York Court of Appeals · 1915