Town of Lawrence v. American Writing Paper Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Brown county: S. D. Hastings, Circuit Judge. This is a suit in equity praying for a perpetual injunction to restrain the defendant from maintaining flush-boards upon the crest of a dam across the Eox river at De Pere, "Wisconsin,, and demanding damages for an -injury to a highway claimed to have been caused hy reason of the use of such flush-hoards.
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Appeal from a judgment of the circuit court for Brown county: S. D. Hastings, Circuit Judge. This is a suit in equity praying for a perpetual injunction to restrain the defendant from maintaining flush-boards upon the crest of a dam across the Eox river at De Pere, "Wisconsin,, and demanding damages for an -injury to a highway claimed to have been caused hy reason of the use of such flush-hoards. The defendant owns a paper mill on the west hank of the Eox river at De Pere that requires about 1,800 horse power for its operation. The plaintiff town has for more than forty years maintained, and…
1Opinion of the Court
Tbe following opinion was filed November 15, 1910:
ViNjn, J.
1. It appears from tbe foregoing statement of facts that for more than forty years tbe town has maintained a highway by user along tbe bank of the’Fox river; that at least since 1849 a dam has been maintained at tbe place in-question of substantially tbe.same height as tbe present one;. *561and that owing to the fluctuations in the flow of the river the water was higher more of the time annually when there were no flush-boards on it than during the time when flush-boards were used. It is apparent, therefore, that the town acquired its…
2Cases cited3 opinions
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