Smith v. City of Eau Claire
Wisconsin Supreme Court
APPEAL from the Circuit Court for Earn Claire County. On the 19th day of June, 1889, plaintiff filed his claim with the city cleric of the defendant city, in which he set forth at length his ownership of certain lots upon a street in said city; and that said street was in the year 1884 actually graded and raised in accordance with the grade thereof theretofore duly established by the council, and that his said lots had been improved and built upon with reference ’to such…
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APPEAL from the Circuit Court for Earn Claire County. On the 19th day of June, 1889, plaintiff filed his claim with the city cleric of the defendant city, in which he set forth at length his ownership of certain lots upon a street in said city; and that said street was in the year 1884 actually graded and raised in accordance with the grade thereof theretofore duly established by the council, and that his said lots had been improved and built upon with reference ’to such grade; that an ordinance was passed by said common council, March 6,1889, approved by the mayor of said city, March '7,…
1Opinion of the CourtWinslow, J.
The claim filed by the plaintiff with the city clerk was for damages resulting to his property from a lawful change of grade of the street in front of the same. This is the effect of the decision upon the former appeal in this case (78 Wis. 457), where the original complaint, which, in its material averments, was substantially a copy of the claim, was under consideration. This court then said, “ The complaint shows a proper execution of a valid ordinance.” Upon this premise it was held that the provision of the former charter of Eau Claire (ch. 16, P. & L. Laws of 1872) which gave the…
2Cases cited1 opinion
- Smith v. City of Eau ClaireWisconsin Supreme Court · 1891
3Cited by3 opinions
- Bosin v. Minneapolis, St. Paul & Sault Ste. Marie RailroadDistrict Court, E.D. Wisconsin · 1960
- Drummond v. City of Eau ClaireWisconsin Supreme Court · 1893
- Worthington Pump & Machinery Corp. v. City of CudahyWisconsin Supreme Court · 1923