Schiffer v. City of Eau Claire
Wisconsin Supreme Court
APPEAL from the Circuit Court for Eau Claire County: This case is thus stated by Mr. Justice Tayloe: “ The action is brought to recover damages for flooding the plaintiff’s house and lot, situate in the city of Eau Claire, by the maintenance of a dam across the Chippewa river by the defendant.
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APPEAL from the Circuit Court for Eau Claire County: This case is thus stated by Mr. Justice Tayloe: “ The action is brought to recover damages for flooding the plaintiff’s house and lot, situate in the city of Eau Claire, by the maintenance of a dam across the Chippewa river by the defendant. The complaint shows that the premises flooded are a lot containing one acre of land, with a dwelling-house and appurtenances situate thereon; that one Winnard Eller owned the same in fee; that he died intestate in 1873, and left a widow, Magdalena Eller’, and seven children, his only heirs-at-law; and…
1Opinion of the CourtTayloR, J.
The appellant insists that there are three separate causes of action stated in the complaint, viz.: (1) a cause of action in favor of the widow alone for the injury done to the homestead; (2) a cause of action in favor of the children of the deceased for the injury done • to the estate in remainder, as to the homestead; and (3) a joint cause of action in favor of the widow and children for the injury done to the three-fourths of an acre which is not a part of the homestead. As to this last cause of action it is not denied that the widow and children may properly join as plaintiffs. It being…
2Cases cited17 opinions
- Simar v. . CanadayNew York Court of Appeals · 1873
- The New-York and New Haven R.R. v. . Schuyler, Cross, C.New York Court of Appeals · 1858
- Welch v. SackettWisconsin Supreme Court · 1860
- Peck v. School District No. 4Wisconsin Supreme Court · 1867
- Barnes v. City of BeloitWisconsin Supreme Court · 1865
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3Cited by15 opinions
- Boyd v. Mutual Fire Ass'nWisconsin Supreme Court · 1903
- Hartwig v. BitterWisconsin Supreme Court · 1966
- Watson v. Milwaukee & Madison Railway Co.Wisconsin Supreme Court · 1883
- Nevil v. CliffordWisconsin Supreme Court · 1882
- Trustees of Wisconsin State Federation of Labor v. Simplex Shoe Manufacturing Co.Wisconsin Supreme Court · 1934
10 more not listed; retrieve them via the Exa API.