Wisconsin Supreme Court June 15, 1863 (Wood v. Hustis)

By the Court,

PAINE, J.

This action was brought as a common law action, to recover damages for flowing the plaintiff’s land, caused by the erection of a dam on Rock River in Dodge county. The complaint avers that the river at that point was navigable in fact, and was meandered and returned as navigable by the surveyors of the United States.