Beck v. Ashland Cigar & Tobacco Co.
Wisconsin Supreme Court
Appeal from an order of the circuit court for Ashland .county: JohN IL Pabisjet, Circuit vJudge. This is a suit in equity to compel the defendant to remove from pláintiffs’ premises a portion of its brick wall and to recover damages for such encroachment.
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Appeal from an order of the circuit court for Ashland .county: JohN IL Pabisjet, Circuit vJudge. This is a suit in equity to compel the defendant to remove from pláintiffs’ premises a portion of its brick wall and to recover damages for such encroachment. Plaintiffs and defendant own adjoining lots facing the principal business street in the city of Ashland, defendant’s lot being east of plaintiffs’. On the lot of the defendant there is a brick building twenty-two feet high, extending backward from the street 137 feet, the westerly portion of which overlaps plaintiffs’ land for a distance of…
1Opinion of the Court
Tie following opinion was filed March 14, 1911:
Vinje, J.
From tie foregoing statement of facts it appears tlat tie defendant is in tie actual possession of tie disputed strip at, above, and below tie surface of tie lot and excludes tie plaintiffs from tie possession thereof. Tie case therefore differs from tie cases of McCourt v. Eckstein, 22 Wis. 153; Zander v. Valentine Blatz B. Co. 95 Wis. 162, 70 N. W. 164; Rasch v. Noth, 99 Wis. 285, 74 N. W. 820; Rahn v. Milwaukee E. R. & L. Co. 103 Wis. 467, 79 N. W. 747; and Huber v. Stark, 124 Wis. 359, 102 N. W. 12, relied upon by tie plaintiffs. In…
2Cases cited16 opinions
- Marsteller and Others v. McCleanSupreme Court of the United States · 1812
- Davis v. CoblensSupreme Court of the United States · 1899
- Denner v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1883
- Huber v. StarkWisconsin Supreme Court · 1905
- Schiffer v. City of Eau ClaireWisconsin Supreme Court · 1881
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3Cited by4 opinions
- State ex rel. Milwaukee County v. BuechWisconsin Supreme Court · 1920
- Ogden v. Straus Building Corp.Wisconsin Supreme Court · 1925
- Fisher v. GoodmanWisconsin Supreme Court · 1931
- Heroux v. KattSupreme Court of Rhode Island · 1949