Thomas v. Ashland, Siskiwit & Iron River Logging Railway Co.
Wisconsin Supreme Court
'Appeal from a judgment of tbe circuit court for Bayfield county; JohN 3L Paeish, Circuit Judge. Tbe plaintiff and defendant were coterminous owners of land fronting upon tbe bead of Chequamegon Bay, at the extreme westerly end thereof. Tbe first of tbe accompanying diagrams, which is a modification of defendant’s Exhibit B, discloses tbe general shore line at this place, and also, by a dotted line, tbe limit of sixteen-foot navigable water.
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'Appeal from a judgment of tbe circuit court for Bayfield county; JohN 3L Paeish, Circuit Judge. Tbe plaintiff and defendant were coterminous owners of land fronting upon tbe bead of Chequamegon Bay, at the extreme westerly end thereof. Tbe first of tbe accompanying diagrams, which is a modification of defendant’s Exhibit B, discloses tbe general shore line at this place, and also, by a dotted line, tbe limit of sixteen-foot navigable water. Plaintiff’s premises are lots 3 and 4 on said plan, and lots 5, 6, and 1 are tbe defendant’s. Tbe premises involved are upon a shallow bay or cove, a…
1Opinion of the CourtDodge, J.
Appellant’s argument is apparently addressed! not so much to anything which the court has adjudged as to-the scheme of boundary lines contended for by certain surveyor witnesses. There is, however, nothing to indicate that the court adopted their views. Indeed, the court has made no finding of fact as to the location of lines separating plaintiff’s rights of access to navigable water from those of defendant. The sole point adjudged is that defendant’s pier, as now constructed, does not invade plaintiff’s riparian rights. This may be true upon any of several theories as to where are the proper…
2Cases cited4 opinions
- Northern Pine Land Co. v. BigelowWisconsin Supreme Court · 1893
- Blodgett & Davis Lumber Co. v. PetersMichigan Supreme Court · 1891
- Tappan v. Boston Water Power Co.Massachusetts Supreme Judicial Court · 1892
- City of Elgin v. BeckwithIllinois Supreme Court · 1887
3Cited by12 opinions
- Freed Freed v. Miami Beach Pier CorporationSupreme Court of Florida · 1927
- Rondesvedt v. RunningWisconsin Supreme Court · 1963
- Hathaway v. City of MilwaukeeWisconsin Supreme Court · 1907
- Spath v. LarsenWashington Supreme Court · 1944
- Schwab v. TimmonsWisconsin Supreme Court · 1999
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