Anger v. Al. G. Barnes Amusement Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Rond du Lac county: Chester A. Fowler, Circuit Judge. Some fourteen years prior to July 26, 1921, plaintiffs erected and thereafter maintained at the outer edge of the sidewalk in front of their jewelry store ¿n the west side of Main street in Oshkosh, Wisconsin, a clock on a pillar six to eight feet high. The dial was five feet in diameter and projected about one foot into the space above the street.
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Appeal from a judgment of the circuit court for Rond du Lac county: Chester A. Fowler, Circuit Judge. Some fourteen years prior to July 26, 1921, plaintiffs erected and thereafter maintained at the outer edge of the sidewalk in front of their jewelry store ¿n the west side of Main street in Oshkosh, Wisconsin, a clock on a pillar six to eight feet high. The dial was five feet in diameter and projected about one foot into the space above the street. No permit from the common council had ever been granted for maintaining it, nor proceedings ever taken to have the same removed. The defendant, a…
1Opinion of the CourtEschweiler, J.
Defendant’s wagon lawfully on the highway had a right to an unobstructed use on and up from its surface paramount and superior to any right that could be asserted by plaintiffs to maintain the clock. 29 Corp. Jur. 545; 13 Ruling Case Law, 251.
This clock dial, projecting as it did into the public highway beyond the perpendicular over the curbing, was clearly an obstruction. Such was the holding as to fences, Collins v. State, 162 Wis. 349, 156 N. W. 133; Jennings v. Johonnott, 149 Wis. 660, 135 N. W. 170; a telephone pole, Monroe Tel. Co. v. Ludlow, 140 Wis. 510, 122 N. W. 1030; a post set…
2Cases cited11 opinions
- Tilly v. Mitchell & Lewis Co.Wisconsin Supreme Court · 1904
- Chase v. City of OshkoshWisconsin Supreme Court · 1892
- Inhabitants of Rockport v. Rockport Granite Co.Massachusetts Supreme Judicial Court · 1901
- State v. LeaverWisconsin Supreme Court · 1885
- Neale v. StateWisconsin Supreme Court · 1909
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3Cited by16 opinions
- Rossville Commercial Alcohol Corp. v. Dennis Sheen Transfer Co.Louisiana Court of Appeal · 1931
- Bechthold v. City of WauwatosaWisconsin Supreme Court · 1938
- Armory Realty Co. v. OlsenWisconsin Supreme Court · 1933
- Mayor of Savannah v. KnightSupreme Court of Georgia · 1931
- Thomas v. City of WaukeshaWisconsin Supreme Court · 1963
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