Enos v. Hamilton
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago Count y. The facts alleged in the complaint are substantially as follows: In the spring and summer of 1867, the plaintiff below (who is also plaintiff in error) was engaged in operating a tannery in the village of New London, in Waupaca county, in this state, on the banks of the Wolf river.
Read the full summary
APPEAL from the Circuit Court for Winnebago Count y. The facts alleged in the complaint are substantially as follows: In the spring and summer of 1867, the plaintiff below (who is also plaintiff in error) was engaged in operating a tannery in the village of New London, in Waupaca county, in this state, on the banks of the Wolf river. During May, June and July of that year he was compelled to procure the bark necessary for operating, said tannery, at what is known as the Red Banks, upon the Wolf river, about sixty miles above New London, and to transport the same by boats on said river; and…
1Opinion of the CourtDixon, C. J.
If the obstruction of the river so that it could not he navigated was lawful, and continued only for°a reasonable length of time, according to the *259course of navigation, or if it was made necessary by reason of misfortune or inevitable accident, and without fault on tbe part of the defendants, these were matters properly coming from the defense, and which need not be negatived by the complaint. The obstruction of the navigation, as charged in the complaint, for a period of six weeks, at a season of the year when the river should have been otherwise free and open, must be presumed to have been…
2Cases cited1 opinion
- Carpenter v. MannWisconsin Supreme Court · 1863
3Cited by9 opinions
- Tilly v. Mitchell & Lewis Co.Wisconsin Supreme Court · 1904
- State v. St. Croix Boom Corp.Wisconsin Supreme Court · 1884
- Page v. Mille Lacs Lumber Co.Supreme Court of Minnesota · 1893
- Clark v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1888
- Evans v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1893
4 more not listed; retrieve them via the Exa API.