State v. Carpenter
Wisconsin Supreme Court
APPEAL from the Circuit Court for Waukesha County. The case is stated in the opinion. They contended, inter alia, that tbe river being a navigable river and a public highway, the respondent has no right to place an obstruction therein without the consent of the legislature. E. S. secs. 1596, 1598; Jones v. Petiibone, 2 Wis. 308, 318; Wis. B. Imp.
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APPEAL from the Circuit Court for Waukesha County. The case is stated in the opinion. They contended, inter alia, that tbe river being a navigable river and a public highway, the respondent has no right to place an obstruction therein without the consent of the legislature. E. S. secs. 1596, 1598; Jones v. Petiibone, 2 Wis. 308, 318; Wis. B. Imp. Oo. v. Lyons, 30 id. 61, 65-67. Any obstruction placed in such a river would be a public nuisance; and the creation of “such a nuisance may be prevented by injunction. Wallcer v. Shepardson, 2 Wis. 384, 395-6; S. 0. 4 id. 486, 511; Barnes v. Ráeme,…
1Opinion of the CourtObtoN, J.
This is a bill or information of the attorney general against the defendant praying for an injunction to restrain him from driving piles within the channel and low-water mark of Rock river, within the city of Janesville, as a foundation for the construction thereon of a large building 4P by 100 feet, which he threatens, and which, when so constructed, and the interruption of said river for the purpose of navigation caused thereby, uwill cause great public inconvenience, mischief, and damage,” and “ interrupt and prevent the free use and enjoyment of the waters of said river for the purpose of…
2Cases cited3 opinions
- City of Georgetown v. THE ALEXANDRIA CANAL COMPANY, &C.Supreme Court of the United States · 1838
- Attorney General v. Cohoes Co.New York Court of Chancery · 1836
- Douglass v. StateWisconsin Supreme Court · 1856
3Cited by16 opinions
- Physicians Plus Insurance v. Midwest Mutual InsuranceWisconsin Supreme Court · 2002
- Walley v. PatakeWisconsin Supreme Court · 1956
- Dana v. HurstSupreme Court of Kansas · 1911
- Appeal of RottenbergerWisconsin Supreme Court · 1908
- State ex rel. Hartung v. City of MilwaukeeWisconsin Supreme Court · 1899
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