City of Milwaukee v. Shailer
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of the United States for the Eastern District of Wisconsin. In this case the court directed a verdict in favor of the defendant upon the principal claim, and in favor of the plaintiffs upon the counterclaim. The appeal is by the city alone, and one of the specifications of error, perhaps the only available one, is that the court erred in directing a verdict in favor of the plaintiffs and against the defendant upon the counterclaim.
Read the full summary
In Error to the Circuit Court of the United States for the Eastern District of Wisconsin. In this case the court directed a verdict in favor of the defendant upon the principal claim, and in favor of the plaintiffs upon the counterclaim. The appeal is by the city alone, and one of the specifications of error, perhaps the only available one, is that the court erred in directing a verdict in favor of the plaintiffs and against the defendant upon the counterclaim. The substance of the amended declaration is that the plaintiffs, Robert A. Shailer and Charles R. Schniglau, citizens of Michigan, on…
1Opinion of the CourtWoods, Circuit Judge
It is not important, as we conceive, to determine whether, by the order of April 6, 1892, and the subsequent efforts made to find a way around the obstacles" encountered in the shore end of the tunnel, there was a permanent, or only a temporary and tentative, abandonment of the line and grade defined by the original plan and specifications. The more reasonable view, perhaps, is that-the abandonment should be deemed to have been temporary only, and conditional, while experiments were made to find a more practicable route. The engineer of the city had reported the prescribed line to be…
2Cited by4 opinions
- Massachusetts Bonding & Ins. Co. v. DavisCourt of Appeals of Texas · 1925
- City of Milwaukee v. Shailer & Schniglau Co.Court of Appeals for the Seventh Circuit · 1899
- City of Milwaukee v. Shailer & Schniglau Co.Court of Appeals for the Seventh Circuit · 1899
- State ex rel. Davisson v. HillisIndiana Court of Appeals · 1919