Pabst Brewing Co. v. City of Milwaukee
Wisconsin Supreme Court
Appeals from judgments of the circuit court for Milwaukee county: WaeR.ew D. Tabeawt, Circuit Judge. These cases are both against the city of Milwavdcee for damages for injuries alleged to have been caused to the plaintiffs’ properties by the erection of the Sixth street and First avenue viaduct, which crosses the Menomonee valley and connects the west and south sides of the city of Milwaukee.
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Appeals from judgments of the circuit court for Milwaukee county: WaeR.ew D. Tabeawt, Circuit Judge. These cases are both against the city of Milwavdcee for damages for injuries alleged to have been caused to the plaintiffs’ properties by the erection of the Sixth street and First avenue viaduct, which crosses the Menomonee valley and connects the west and south sides of the city of Milwaukee. The roadway of the viaduct is about twenty-four feet above the surface of First avenue, on which the properties of the plaintiffs abut, and from which there was access at grade to the buildings erected…
1Opinion of the Court
The following opinion was filed January 9, 1912:
Siebecker, J.
The complaints were challenged by the defendant when evidence was offered by demurrers ore tenus, upon the ground that the facts alleged constituted no cause of action for the recovery of damages by the plaintiffs by reason of the erection of the viaduct in front of the plaintiffs’ premises abutting on Eirst avenue. When such objection is made to a complaint it will be liberally construed and all rea*586sonable presumption to accomplish justice will be allowed in its favor. Before the trials and before evidence was received, amendments…
2Cases cited5 opinions
- Rowell v. . JanvrinNew York Court of Appeals · 1896
- Colclough v. City of MilwaukeeWisconsin Supreme Court · 1896
- Filer & Stowell Co. v. City of MilwaukeeWisconsin Supreme Court · 1911
- Splinter v. StateWisconsin Supreme Court · 1909
- City of Waukesha v. RandlesWisconsin Supreme Court · 1904
3Cited by9 opinions
- Large Oil Co. v. HowardSupreme Court of Oklahoma · 1917
- Garcia v. Chicago & North Western Railway Co.Wisconsin Supreme Court · 1950
- Bagnall v. City of MilwaukeeWisconsin Supreme Court · 1914
- Territory v. Tan YickHawaii Supreme Court · 1915
- Gross Coal Co. v. City of MilwaukeeWisconsin Supreme Court · 1920
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