Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1872-03-12
The Stream Suit McCord Versus
Sylvester.

This suit brought in the Circuit
Court against the Sylvester Bros o.
Boscobel to recover damages fol
turning stream from it's natural
course through the plaintiffs lands
was decided on Friday in favor of the
plaintiff, McCord, and an award OF
$500 allowed for damages. A large
number attentively listened TO the
trial proceedings during the two days
in progress. The case was ably
managed and argued on both sides
for the plaintiff by Barber & Clement
son and Shearer, and for the defend
ants by NJ. NJ. Cothren, NJ. NJ. Strong,
e. G. Hazleton and w. Il. Carter.
The case is important to every land
owner in the country, and we are
justified in devoting considerable
space TO the publication of matter
relating TO the same in this issue
We print in full Judge Mills charge
TO the jury which gives u condensed
report of the important testimony,
also bis Honor's opinion upon the
constitutionality of the special law to
authorize The making of the change
in the streams course
CHARGE TO THE JURY:
Walker BccOrd ~. D. r. d C. B. Sylrester-
This is an action against the defendant 10
recover damages resulting from diverting the
stream OF Crooked Cress off from The south
east Or , south west Or, section 81. town 8,
range 3, which land was The homestead o. the
plaintiff.
1t. appears that Crooked Greek formerly
flowed unobstrucied through the plaintiffs
land. In December, 1867, the defendants
bui I dam on SAID stream above the plaintiffs
land. and opened a canal coInmuni caiIng with
the stream above the dam, by which means
most OF the water usually flowing in the
stream was led off through the canal, along
the main street OF the village of Boscobel 10
a mill OF the defendants, and dlscharglng ITS
wafer into Sanders Creek, a, a CONSIDER able
distance from the plaintiffs land. The DIVER
sion began IN consequence OF the erection OF
the dam, when the water and how much of
II, aud tor what portion Of the time il how ed
through the niil-race, you must determine
from Tie evidence.
his action was commenced the 9th OF
August, 1869 You will only enquire into
what damage or injury if any, the plaintiff has
suffered up 10 that time. As deve oped by the
evidence the damage consisted in the incon.
Nenlence and labor imposed on the plaintiff in
watering his stock, aud procuring water for
domestic purposes, which the evidence may
show the plaintiff would have been relieved
from, had the stream continued 10 flow uanb-
strucled through the Plaintiffs land there l..
evidence to show that the banks of the stream
we've injured or broken down--to what extent
aud 10 whar cause, aud when this occurred,
aud The damage suffered by the plaintiff there
from, up To The Date of this action, you vii
determine from the evidence.
Permanent and valuable improvements, such
as clsterns and pumps, if equally valuable and
necessary 10 the plaintiffs farm, whether it
was supplied win running water or not !,
cannot be regarded in estimating the amount
OF damages the plaintiff has suffered
The proceedings and award of the commits
sioners ia reference to the Plaintiffs claim for
damages ia TINS action you will exclude from
your consideration.