Kearns v. Thomas
Wisconsin Supreme Court
APPEAL from the Circuit Court for Sauk County. Since 1866 the plaintiff has been the owner of certain lands in Sauk county, adjoining the Baraboo river, and the defendants are the owners of a mill dam across said river, located several miles below such lands. The water power created by the dam is used to propel the mills of the defendants there situa-ated. This is an action or proceeding under ch. 66, R. S., known as “the mill-dam act.”
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APPEAL from the Circuit Court for Sauk County. Since 1866 the plaintiff has been the owner of certain lands in Sauk county, adjoining the Baraboo river, and the defendants are the owners of a mill dam across said river, located several miles below such lands. The water power created by the dam is used to propel the mills of the defendants there situa-ated. This is an action or proceeding under ch. 66, R. S., known as “the mill-dam act.” The complaint (which is in the usual form) avers that such dam raises and sets back the water in the river and flows the plaintiff’s lands, and claims…
1Opinion of the Court
LyoN, J.'
It is claimed on behalf of the plaintiff, that sec. 12 of the “ mill-dam act” (R. S., ch. 56) gives the plaintiff a right to a trial de, novo at the bar of this court, or at least that it makes it our duty to review the' evidence contained in the bill of exceptions, and to determine its weight and effect, in the same manner and to the same extent as in equity causes and in actions tried by the circuit court without a jury, brought to this court by appeal. That section is as follows: ‘ “ Either party may appeal to the supreme court from the judgment of the circuit court, and the-…
2Cases cited5 opinions
- Newcomb v. SmithWisconsin Supreme Court · 1849
- Lowell v. SpringMassachusetts Supreme Judicial Court · 1810
- Brower v. MerrillWisconsin Supreme Court · 1850
- French v. OwenWisconsin Supreme Court · 1856
- Waller v. McConnellWisconsin Supreme Court · 1865
3Cited by3 opinions
- State ex rel. Hovey v. NobleIndiana Supreme Court · 1889
- Milwaukee Trust Co. v. City of MilwaukeeWisconsin Supreme Court · 1912
- Zeidler v. JohnsonWisconsin Supreme Court · 1875