Colclough v. City of Milwaukee
Wisconsin Supreme Court
Appeal from an order of the superior court of Milwaukee county: R. N. AustiN, Judge. This action was brought to obtain a perpetual injunction forever restraining the defendant, its officers, agents, etc., from proceeding with or continuing the work of constructing or erecting a certain viaduct or approach thereto on Sixteenth street, between Clybourn street and St'. Paul avenue, in said city; the plaintiff being the owner in fee of block 261, on the west side, and block 262,…
Read the full summary
Appeal from an order of the superior court of Milwaukee county: R. N. AustiN, Judge. This action was brought to obtain a perpetual injunction forever restraining the defendant, its officers, agents, etc., from proceeding with or continuing the work of constructing or erecting a certain viaduct or approach thereto on Sixteenth street, between Clybourn street and St'. Paul avenue, in said city; the plaintiff being the owner in fee of block 261, on the west side, and block 262, on the east side, of said Sixteenth street, within the entire limits aforesaid. It is alleged in the complaint, in-…
1Opinion of the CourtPiNNBY, J.
It was held in Harrison v. Milwaukee Co. 51 Wis. 611, 662, to be the settled law in this state that in the absence of any law giving the owners of real estate adjoining a public street or highway a right to recover damages of the city, village, town, or county in which the same is situated, on account of the change of the grade of such street or highway, no damages can be recovered on account of such change, unless the premises of the adjoining or abutting owner have been injured through the negligence of the municipality or its agents in making such change, and that such change of grade is…
2Cases cited13 opinions
- Transportation Co. v. ChicagoSupreme Court of the United States · 1879
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Radcliff's Executors v. . Mayor, C. of BrooklynNew York Court of Appeals · 1850
- Buchner v. Chicago, Milwaukee & Northwestern Railway Co.Wisconsin Supreme Court · 1884
- Willis v. Winona CitySupreme Court of Minnesota · 1894
8 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Liddick v. City of Council BluffsSupreme Court of Iowa · 1942
- Winchell v. City of WaukeshaWisconsin Supreme Court · 1901
- Morris v. City of IndianapolisIndiana Supreme Court · 1911
- Dahlman v. City of MilwaukeeWisconsin Supreme Court · 1907
- Voigt v. Milwaukee CountyWisconsin Supreme Court · 1914
20 more not listed; retrieve them via the Exa API.