Cohn v. Wausau Boom Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Outagamie County. The plaintiff, as owner of lot-6 in sec. 24, town 29 north, range 7 east, in Marathon county in this state, commenced this action in April, 1876, for the purpose of procuring to he removed, and abated as a nuisance, certain works constructed and maintained by defendant in the Wisconsin river, in front of said lot, under a claim of right founded upon ch. 45, P. & L. Laws of 1871, amended by ch. 256 of 1873. The complaint…
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APPEAL from the Circuit Court for Outagamie County. The plaintiff, as owner of lot-6 in sec. 24, town 29 north, range 7 east, in Marathon county in this state, commenced this action in April, 1876, for the purpose of procuring to he removed, and abated as a nuisance, certain works constructed and maintained by defendant in the Wisconsin river, in front of said lot, under a claim of right founded upon ch. 45, P. & L. Laws of 1871, amended by ch. 256 of 1873. The complaint further demanded judgment that the defendant, its agents, etc., be pez-petually enjoined from completing and maintaining…
1Opinion of the Court
Ryan, C; J.
It is settled in this state, that a riparian owner on navigable water may construct in front of his land, in shoal water, proper wharves, piers and booms, in aid of navigation, at his peril of obstructing it, far enough to reach actually navigable water. This is properly a riparian right, resting on title to the bank, and not upon title to the soil under water. It is a private right, however, resting, in the absence of prohibition, upon a passive or implied license by the public; is subordinate to the public use, and may be regulated or prohibited by law. Diedrich v. Railway Co.,…
2Cases cited13 opinions
- Attorney General v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1874
- Pound v. TurckSupreme Court of the United States · 1878
- Grand Rapids Booming Co. v. JarvisMichigan Supreme Court · 1874
- Diedrich v. Northwestern Union Railway Co.Wisconsin Supreme Court · 1877
- Delaplaine v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1877
8 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- City of Janesville v. CarpenterWisconsin Supreme Court · 1890
- Fox River Paper Co. v. Railroad CommissionSupreme Court of the United States · 1927
- Winchell v. City of WaukeshaWisconsin Supreme Court · 1901
- J. S. Keator Lumber Co. v. St. Croix Boom Corp.Wisconsin Supreme Court · 1888
- Doemel v. JantzWisconsin Supreme Court · 1923
25 more not listed; retrieve them via the Exa API.