16 Wis. 661 | Wis. | 1863
By the Court,
It is probable that we were mistaken in holding, as we did in Newall vs. Smith, 15 Wis., 101, that the provisions of the general mill dam law applied to dams constructed upon Rock river. Our attention was not particularly called to the question at the time, and we overlooked the fact -that the mill dam act is, by its terms, confined to dams “upon and across any stream that is not navigable.” We understood that it was a conceded point on both sides that the action in Newall vs. Smith was brought under the law of 1848, p. 13, Laws of 1848, as amended by that of 1850, chap. 218, Laws of' 1850, and we found an insuperable difficulty in sustaining the complaint on that ground, because we deemed
For these reasons we think the demurrer to the complaint was properly sustained.