Rich v. Keshena Improvement Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Outagamie County. ■ Appeal from an order overruling a demurrer to the complaint. Several grounds of demurrer were assigned, but the only ground argued or considered is that the complaint fails to state a cause of action.
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APPEAL from the Circuit Court for Outagamie County. ■ Appeal from an order overruling a demurrer to the complaint. Several grounds of demurrer were assigned, but the only ground argued or considered is that the complaint fails to state a cause of action. The complaint alleges that the plaintiff is the owner of certain farming lands situate in Outagamie county; that the defendant is a corporation, and is and has been the owner and proprietor of certain dams upon the Upper Wolf river and its tributaries, said dams being used and operated by the defendant for the purpose of holding back the…
1Opinion of the CourtLyon, J.
As we understand the complaint, it charges that the defendant company so negligently and defectively constructed and superintended certain of its dams across the "Wolf river and its tributaries, that such dams were unable to resist the pressure of the waters above them and Were carried out, thus flooding the stream below with an immense and unusual quantity of water; .also that such water was discharged through the gates of the defendant’s dams not carried away (presumably to save such dams) upon the lands of the plaintiff, causing the damage complained of. No complaint is made that the gates…
2Cited by2 opinions
- Central, Trust Co. v. Wabash, St. L. & P. Ry. Co.U.S. Circuit Court for the District of Indiana · 1893
- Olson v. Phoenix Manufacturing Co.Wisconsin Supreme Court · 1899