Smith v. City of Eau Claire
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Eom Glome County. By an ordinance passed by tbe common council of tbe city of Eau Olaire on March 6, 1889, tbe grade of a street in said city, known as “ Fifth Avenue,” was changed and ordered to be raised above tbe former grade thereof duly established several years before.
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APPEAL from tbe Circuit Court for Eom Glome County. By an ordinance passed by tbe common council of tbe city of Eau Olaire on March 6, 1889, tbe grade of a street in said city, known as “ Fifth Avenue,” was changed and ordered to be raised above tbe former grade thereof duly established several years before. The street was filled by the city to the new grade during the spring and summer of 1889. The plaintiff owned a lot fronting on Fifth avenue, on which stood his residence. The lot had been, filled with reference to the old grade, and the filling of the street to the new grade raised it…
1Opinion of the CourtLyox, J.
Perhaps no rule of law is more completely settled than is the rule that if consequential damages result' to property owners from raising or lowering the grade of a street by a municipality, it is not a taking of private property for public use, within the meaning of sec. 13, art. I, of the constitution, and that if the municipality act under authority of law in making the change of grade, and with due care, it is not liable for such damages, unless made so by some statute or constitutional provision. Such is the doctrine of Alexander v. Milwaukee, 16 Wis. 247; Dore v. Milwaukee, 42 Wis. 108;…
2Cases cited5 opinions
- Lewis v. StoutWisconsin Supreme Court · 1867
- Alexander v. City of MilwaukeeWisconsin Supreme Court · 1862
- Dore v. City of MilwaukeeWisconsin Supreme Court · 1877
- Crossett v. City of JanesvilleWisconsin Supreme Court · 1871
- Wallich v. City of ManitowocWisconsin Supreme Court · 1883
3Cited by17 opinions
- United States v. Willow River Power Co.Supreme Court of the United States · 1945
- City of Madison v. Southern Wisconsin Railway Co.Wisconsin Supreme Court · 1914
- Colclough v. City of MilwaukeeWisconsin Supreme Court · 1896
- Talcott Bros. v. City of Des MoinesSupreme Court of Iowa · 1906
- Meggett v. City of Eau ClaireWisconsin Supreme Court · 1892
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