Case v. Hoffman
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Jackson county: W. F. Bailey, Circuit Judge. The following statement of the facts was prepared by Mr. Justice NewMAN in connection with the opinion filed by him on September 28, 1898: This is an action in equity to restrain the defendants from diverting the course of a ditch or alleged watercourse from the plaintiff’s lands, and to enforce the performance by the defendants of an alleged contract to maintain the ditch in its…
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Appeal from a judgment of the circuit court for Jackson county: W. F. Bailey, Circuit Judge. The following statement of the facts was prepared by Mr. Justice NewMAN in connection with the opinion filed by him on September 28, 1898: This is an action in equity to restrain the defendants from diverting the course of a ditch or alleged watercourse from the plaintiff’s lands, and to enforce the performance by the defendants of an alleged contract to maintain the ditch in its present location on plaintiff’s land, for the benefit of plaintiff’s cranberry marsh. The parties are all owners of land on…
1Opinion of the Court
The following opinions were filed September 28, 1898:
Newman, J.
The main inquiry on this appeal is whether the evidence establishes the existence of an ancient watercourse across the plaintiff’s land, which was diverted into the logging ditch which was dug by the Goodyears, or whether the water which was gathered into and conducted by that ditch was mere surface and percolating water; for, although the plaintiff does not now complain of the digging of the ditch, but, on the contrary, finds it to be to his advantage and desires it to be maintained and kept in repair in its present location upon…
2Cases cited29 opinions
- Barkley v. . WilcoxNew York Court of Appeals · 1881
- Hoyt v. City of HudsonWisconsin Supreme Court · 1871
- Chatfield v. WilsonSupreme Court of Vermont · 1855
- Doyle v. DixonMassachusetts Supreme Judicial Court · 1867
- Roath v. DriscollSupreme Court of Connecticut · 1850
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3Cited by60 opinions
- In re NevittCourt of Appeals for the Eighth Circuit · 1902
- State ex rel. Cook v. HouserWisconsin Supreme Court · 1904
- Hart v. MoultonWisconsin Supreme Court · 1899
- Becker v. ChesterWisconsin Supreme Court · 1902
- State v. American TV & Appliance of Madison, Inc.Wisconsin Supreme Court · 1989
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