Mabie v. Matteson
Wisconsin Supreme Court
APPEAL from the Circuit Court for Walworth County. Action by the owners of a grist mill against the owners of a saw mill situated above the former upon the same stream, and adjoining a dam at the outlet of Delavan lake into said stream, for damages caused by obstructing the water of said stream, and for a perpetual injunction.
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APPEAL from the Circuit Court for Walworth County. Action by the owners of a grist mill against the owners of a saw mill situated above the former upon the same stream, and adjoining a dam at the outlet of Delavan lake into said stream, for damages caused by obstructing the water of said stream, and for a perpetual injunction. The complaint alleges that the plaintiffs are entitled to have the water flow through the gate of said saw mill when the same is not running, the same as though it were running, and that the defendants have obstructed such flow. The answer denies the alleged right. The…
1Opinion of the Court
By the Court,
Dixon* C. J.
Understanding that the grist mill power is distinct from that of the saw mill — that it is some miles below and created by a separate dam and reservoir, (facts upon which, by the neglect of counsel, the printed case is not so clear and specific as it should have been,) I fully agree that the representatives of the two Phoenixes deceased — the executor and executrix of the will of Henry,.and the administrator and administratrix of the estate of Samuel, had no power, under the license of the probate court, to convey to Oroswell, his heirs and assigns, “ the privilege of…
2Cases cited2 opinions
- Gayetty v. BethuneMassachusetts Supreme Judicial Court · 1817
- Platt v. Johnson & RootNew York Supreme Court · 1818
3Cited by10 opinions
- United States v. Willow River Power Co.Supreme Court of the United States · 1945
- Dillman v. HoffmanWisconsin Supreme Court · 1875
- Miller v. HoeschlerWisconsin Supreme Court · 1905
- Zwietusch v. LuehringWisconsin Supreme Court · 1914
- Apfelbacher v. StateWisconsin Supreme Court · 1918
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