Fryer v. Warne
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Jefferson County. This is an appeal from an order of the circuit court dissolving an injunction which had been previously granted to restrain the defendant from filling a ditch upon his own land, through which the water flows from the land of the plaintiff Mrs. Fryer.
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APPEAL from tbe Circuit Court for Jefferson County. This is an appeal from an order of the circuit court dissolving an injunction which had been previously granted to restrain the defendant from filling a ditch upon his own land, through which the water flows from the land of the plaintiff Mrs. Fryer. The complaint and the affidavits on which the injunction was allowed and afterwards dissolved, show the existence of the following facts; Mrs. Fryer is the owner of certain land in section 82, town 5, range 15, in the county of Jefferson; and the defendant is the owner of certain land adjoining…
1Opinion of the CourtLyoN, J.
It is contended on behalf of the plaintiffs:
I. That the line or channel along which the water from Mrs. Fryer's land originally flowed across the land of the defendant was a natural water course; and that the ditch having been *515adopted in place thereof by the former and present owners of the respective lands, became thereby a water course, which the defendant cannot lawfully obstruct to the injury of Mrs. Fryer.
II. If not a water course, the various licenses from occupants and alleged owners of the lands in section 5, to construct, clean out and open the ditch, and the expenditures by the…
2Cases cited3 opinions
- Hoyt v. City of HudsonWisconsin Supreme Court · 1871
- French v. OwenWisconsin Supreme Court · 1853
- Rooker v. PerkinsWisconsin Supreme Court · 1861
3Cited by20 opinions
- Weis v. City of MadisonIndiana Supreme Court · 1881
- Case v. HoffmanWisconsin Supreme Court · 1898
- New Jersey, Indiana & Illinois Railroad v. TuttIndiana Supreme Court · 1907
- Case v. HoffmanWisconsin Supreme Court · 1893
- Hanlin v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1884
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