Fischer v. Laack
Wisconsin Supreme Court
APPEAL, from the Circuit Court for Sheboygan County. This action was brought under sec. 3180, R. S., as amended by ch. 190, Laws of 1882 (2 S. & B. Ann.
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APPEAL, from the Circuit Court for Sheboygan County. This action was brought under sec. 3180, R. S., as amended by ch. 190, Laws of 1882 (2 S. & B. Ann. Stats. 1801), to recover damages for and to abate an alleged private nuisance, and is founded on the following facts: In June, 1883, the defendant Schwartz was the owner of lots 6, 7, and 8, in block 19, in the village (now city) of Plymouth in Sheboygan county, and of an unplatted parcel of land, forty feet wide, adjoining said lots on the south. Block 19 is bounded on the north by Mill street, and on the east by Stafford street. All of said…
1Opinion of the CourtLyon, J.
The alleged right of way from his lot to Stafford street, claimed by the plaintiff, is a private right only. There is nothing in the case tending to show that the alley along which such right of way is claimed is a public way, by dedication or otherwise, as claimed on behalf of the plaintiff. Of the cases cited to that proposition, that of Pettibone v. Hamilton, 40 Wis. 402, is as strong for the plaintiff as any. In that case an alley was dedicated by making and recording a plat on which it was marked and platted. The alley extended from street to street, abutting the rear of all the lots in…
2Cases cited14 opinions
- Livingston v. MayorCourt for the Trial of Impeachments and Correction of Errors · 1831
- Holdane v. . Trustees of the Village of Cold SpringNew York Court of Appeals · 1860
- Pettibone v. HamiltonWisconsin Supreme Court · 1876
- Stockwell v. CouillardMassachusetts Supreme Judicial Court · 1880
- Stadler v. GriebenWisconsin Supreme Court · 1884
9 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Gates v. PaulWisconsin Supreme Court · 1903
- Miller v. HoeschlerWisconsin Supreme Court · 1905
- Smith v. FurbishSupreme Court of New Hampshire · 1894
- MacCorkle v. City of CharlestonWest Virginia Supreme Court · 1928
- Post v. CampbellWisconsin Supreme Court · 1901
14 more not listed; retrieve them via the Exa API.