The Superior times. [volume] (Superior, Wis.) 1870-1912, 1897-10-02
CRANBERRY CASE ENDS.
Hoffman Permitted TO Divert a
Water Course in Jackson
County.

Madison. Wis, Sept. IS Special. j
The famous "cranherry marsh case
Russell Case ". Frederick Hoffman and
others, argued before the Supreme court
several months ago. has been decided.
the opinion being handed down when the
Supreme court met today.
II was an action i'll equity to restrain
defendants from diverting the course
from ditch or alleged watercourse from
plaintiff ; cranberry marsh III Jackson
county and enforce the performance by
! defendants of an alleged contract to
maintain the ditch in its present location
on plaintiff : land for the benefit of this
cranberry marsh. Inc main question in
the case was whether the ditch diverted
an ancient water course. or Is mere
conduit for surface water. The lower
| court gave Judgment permanently in
joining the defendants from changing the
course or location of the ditch. but the
Supreme court revcrSes this decision and
| directs the dismissal of the compla int,
though the justices are divided on the
question, Chief Justice Cassoday and
Justice Marshall dissenting The case
has been i'll litigation six years.
Case. in 1873. bought about 400 acres
"f land IN the town of Sullivan. Jackson
county for the purpose of raising cram
berries. At the time of the purchase
| tn" land was we'll supplied with water
from Big lake, body of water lying
about two miles northwest of his pur-
chase, water from which flowed upon
and under the surface of his land. The
water was not confined within any chan
mel tor the greater part of the distance
/ from Big lake to Mr.. Cases land. but
/ beyond his land it again formed a chan
mel, emptying into Beaver creek. The
natural water supply necessary for cult
inheritance. and without it the land was
/ Of little value and. believing the sup
| ply to be permanent. Mr.. Case spent
large sums of money in improving his
cranberry, farm. Goodyear brothers
were authorized by the Legislature i'll
lSS.; to build Il canal from Big lake
across Il corner of plaintiff land to their
Sawmlll. The act cited that the canal
WAS for cranberry meadow and logging
/ purposes. Mr.. Cases water supply was
/ cut off by the canal. and he made a con
! tract with ''oodycar tn take what water
/ ne wanted for his cranberry farm from
/ his canal. and other cranberry growers
made a similar contract. He accordingly
mad" connections with the canal. and cv-
crythng went smoothly until 1855 when
| tn" GoodycarS discontinued their sawmill
and sold tn" canal to Hoffman. the de-
fcndant. who. il is alleged, had as part
/ ncrS several Chicago capitalists. who are
/ made party Defendants. Shortly after
4 this Hoffman and his partners changed
/ the course of tho canal so that Case
/ could secure no water from it. and as he
/ claims. ruined his farm and the other
/ lands supplied with water from this
source.
! Case began action in 1891 for DANA ges
( and To compel the owners of the cana
i Ia change it back To its original course
i The ease first came up III the circuit court
i before Justice Newman. who is now on
/ the Supreme bench. He sustained the
! demurrer to the complaint, but on appea1
/ Ia the Supreme court this order was re-
4 ycrScd hy a vote of ; to - Justices
/ WinSlow and Pnney dissenting. The
case then went back. i'll 1855. to the cir
/ cult court for trial on the facts, with
/ Judge Bailey on the bench. The tria
lasted month, ard the court gave dam
ages for the plaintiff, together with IN
/ injunction commanding defendants to fur
nish hin. with water. From this judg
mcnt defendants appealed to the supreme
court. The case was argued i The Su
prem" court 10y X. NJ. La Toilette ant
g. T.. Roe for plaintiff. and Bushnell
/ Rogers and Hall for defendants. Ii
took two days to present the case.