Gross Coal Co. v. City of Milwaukee
Wisconsin Supreme Court
Appeal from an order of the circuit court for Milwaukee county: Walter Scpiinz, Circuit Judge. This action is brought to recover damages alleged to have been sustained by the plaintiff as the owner in fee simple of a certain piece of property in the city of Milwaukee, with 531 feet frontage on First avenue, by reason of the construction by defendant of a viaduct on First avenue in front of these premises.
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Appeal from an order of the circuit court for Milwaukee county: Walter Scpiinz, Circuit Judge. This action is brought to recover damages alleged to have been sustained by the plaintiff as the owner in fee simple of a certain piece of property in the city of Milwaukee, with 531 feet frontage on First avenue, by reason of the construction by defendant of a viaduct on First avenue in front of these premises. The viaduct was constructed under the provisions of ch. 376, Laws 1901, which provided by sec. 2 thereof as follows: “Section 2. Whenever the common council of such city shall have…
1Opinion of the CourtEschweiler, J.
The appellant insists that the order of the circuit court should be reversed upon two grounds: (1) that no such action at law can be maintained by plaintiff and that its sole remedy is under sec. 12, ch. VII, of the charter of the city of Milwaukee by way of appeal from any assessment of benefits and damages; (2) that in absence of misconduct of counsel or error by the court and with a second jury arriving at the same conclusion as did a first, there no longer exists any discretionary power in the trial court to set aside such verdict or grant a new trial.
Action by the city authorities to…
2Cases cited9 opinions
- Capital Traction Co. v. HofSupreme Court of the United States · 1899
- Simmons v. FishMassachusetts Supreme Judicial Court · 1912
- Norval v. RiceWisconsin Supreme Court · 1853
- Voigt v. Milwaukee CountyWisconsin Supreme Court · 1914
- Ladwig v. Supreme Assembly Equitable Fraternal UnionSupreme Court of Minnesota · 1914
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- In Re the Estate of RandallIdaho Supreme Court · 1939
- Paulsen v. GundersenWisconsin Supreme Court · 1935
- Markowitz v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1937
- Losching v. FischerWisconsin Supreme Court · 1940