Legal Opinion

Priewe v. Wisconsin State Land & Improvement Co.

Wisconsin Supreme Court

Decided June 22, 1899PublishedCited by 24 opinions

Appeal from a judgment of the circuit court for Milwaukee county: D. II. Johksoh, Circuit Judge. Action by a riparian proprietor to prevent the carrying out of a scheme for draining Muskego lake, a navigable body of water in Waukesha county, Wisconsin, naturally covering some 3,500 acres of land, for the ostensible purpose of promoting the public health, but actual purpose, as alleged, of enabling the promoters of the scheme to possess themselves of the title to the lake…

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Appeal from a judgment of the circuit court for Milwaukee county: D. II. Johksoh, Circuit Judge. Action by a riparian proprietor to prevent the carrying out of a scheme for draining Muskego lake, a navigable body of water in Waukesha county, Wisconsin, naturally covering some 3,500 acres of land, for the ostensible purpose of promoting the public health, but actual purpose, as alleged, of enabling the promoters of the scheme to possess themselves of the title to the lake bed; to recover damages caused to plaintiff by a partial draining of the lake; and to compel a restoration of the water to…

1Opinion of the Court

Maesiiall, I.

There are no questions of law to be considered on this appeal. When the case was here before on an appeal involving the sufficiency of the complaint (93 Wis. 534), it was decided: first, that on the facts alleged the operations under the act of 1887 did not affect plaintiff’s riparian rights, as they left him with the privilege of passing over the uncovered lands between the original and new shore lines to the navigable waters of the lake; second, that the act of 1891 was intended solely to convert the bed of ■the lake from public to private ownership in the guise of a pretended…

2Cases cited5 opinions

  1. Willow River Club v. WadeWisconsin Supreme Court · 1898
  2. Case v. HoffmanWisconsin Supreme Court · 1898
  3. Priewe v. Wisconsin State Land & Improvement Co.Wisconsin Supreme Court · 1896
  4. Lathrop v. KnappWisconsin Supreme Court · 1875
  5. Ingersoll v. SeatoftWisconsin Supreme Court · 1899

3Cited by24 opinions

  1. Diana Shooting Club v. HustingWisconsin Supreme Court · 1914
  2. State ex rel. La Follette v. KohleeWisconsin Supreme Court · 1930
  3. Pabst Brewing Co. v. City of MilwaukeeWisconsin Supreme Court · 1905
  4. Cinque Bambini Partnership v. StateMississippi Supreme Court · 1986
  5. Sheffield Car Co. v. Constantine Hydraulic Co.Michigan Supreme Court · 1912

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