Legal Opinion

Lakeside Tumber Co. v. Jacobs

Wisconsin Supreme Court

Decided January 8, 1908PublishedCited by 2 opinions

Appeal from a judgment of the circuit court for Wash-burn county: A. J. ViNJE, Circuit Judge. This is an action to enjoin the defendant from hindering and delaying the plaintiff in laying a steam pipe across a lot occupied by the defendant but owned by the town of Shell Late, Washburn county.

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Appeal from a judgment of the circuit court for Wash-burn county: A. J. ViNJE, Circuit Judge. This is an action to enjoin the defendant from hindering and delaying the plaintiff in laying a steam pipe across a lot occupied by the defendant but owned by the town of Shell Late, Washburn county. The facts of the case showing defendant’s right to possession of the lot in question are stated in the case of Jacobs v. Lakeside L. Go., ante, p. 179, 114 N. W. 443, which was an appeal to this court from a judgment against the defendant therein and which was tried on practically the same evidence as…

1Opinion of the Court

SiBBBOKBR,, J.

The plaintiff’s right to relief restraining defendant from hindering and preventing it from laying a steam pipe across the lot of the town is based on the resolution of the town board of September 11, 1905, granting it *190permission “to lay a steam pipe across tbe town lot, . . . said pipe to lay at least three feet under ground and not in any way to interfere with tbe town property. Tbe town re¡serves tbe right to take up said steam pipe if at any time it would become necessary to use tbe ground for any other purpose.” Tbe court held that this action of tbe town conferred no…

2Cases cited1 opinion

  1. Attorney General v. City of Eau ClaireWisconsin Supreme Court · 1875

3Cited by2 opinions

  1. Village of Suring v. Suring State BankWisconsin Supreme Court · 1926
  2. Warden v. HartWisconsin Supreme Court · 1916

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