Potter v. President of Menasha
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. The plaintiffs, Potter and Dutchman, brought their action to restrain defendants from the erection of a pile bridge over the north branch of Eox river, in front of plaintiff’s mill, in the village of Menasha. Plaintiff's saw and sbingle mill was located just below a dam bnilt across said branch, upon wbicb dam a bridge bad been erected and in use for many years.
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APPEAL from the Circuit Court for Winnebago County. The plaintiffs, Potter and Dutchman, brought their action to restrain defendants from the erection of a pile bridge over the north branch of Eox river, in front of plaintiff’s mill, in the village of Menasha. Plaintiff's saw and sbingle mill was located just below a dam bnilt across said branch, upon wbicb dam a bridge bad been erected and in use for many years. Defendants were 'about to construct a new bridge above tbe old one; wbicb plaintiffs sought to enjoin on tbe ground that its erection in front of tbe null would be a public nuisance,…
1Opinion of the CourtDixoN, C. J.
Counsel for the defendants very frankly concedes that the defendants, as president and trustees of the village, bad no authority to build the bridge. This was so decided on the argument of the same learned counsel in support of the proposition in the case of The Town of Menasha v. The Steam tug Portage, 26 Wis., 534, and there can be no doubt, we think, about the correctness of that decision. This concession being made, it seems to follow, though we assume all other points in favor of the defendants, respecting the validity or legal existence of the highway, that still this action should be…
2Cases cited3 opinions
- Delamatyr v. Milwaukee & Prairie du Chien RailroadWisconsin Supreme Court · 1869
- Town of Menasha v. The Steam Tug PortageWisconsin Supreme Court · 1870
- Warner v. Supervisors of Outagamie CountyWisconsin Supreme Court · 1870
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