Runyard v. Oetting Bros. Ice Co.
Runyard v. Oetting Bros. Ice Co.
Opinion of the Court
The findings of fact made by the trial judge are amply sustained by the evidence, and it is not deemed necessary, to review them.
This principle is conclusive in this case. If it be conceded that the ditch proceedings in 1874 were in every way legal, they could not justify the construction of a ditch which would lower the natural level of Camp Lake, because ij; was a meandered, navigable lake; and ch. 64 of the Laws of 1871, under which the proceeding was instituted, only purported to authorize the draining of marsh, swamp, or overflowed land, or straightening or enlarging a watercourse.
This conclusion relieves us from the consideration of any other questions. Property owners upon this navigable body of water have the right to have the natural level maintained, and also to have the assistance of a court of equity if it be necessary to accomplish that end.
By the Court. — Judgment affirmed.
Reference
- Full Case Name
- Runyard and others v. Oetting Brothers Ice Company
- Status
- Published