Murray Hill Land Co. v. Milwaukee Light, Heat & Traction Co.
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Milwaukee county: OeeeN T. Williams, Judge. This is an action in equity by an abutting property owner to restrain the defendant from changing the grade of a certain highway, and to restore that part of the highway already changed, and for damages by reason of the acts already done.
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Appeal from a judgment of the superior court of Milwaukee county: OeeeN T. Williams, Judge. This is an action in equity by an abutting property owner to restrain the defendant from changing the grade of a certain highway, and to restore that part of the highway already changed, and for damages by reason of the acts already done. The defendant, by answer, claimed, in effect, that it had an absolute right of way over the whole of the alleged highway, including the right to change the grade thereof as might be reasonably necessary; and that the plaintiff had, for a consideration, duly released…
1Opinion of the CourtWiNSLow, J.
The plaintiff in this case claims that the defendant, under its conveyances, possesses simply the right to lay its tracks and operate its cars over the center portion of a public street, with no right to substantially change the grade of such street; while the defendant makes the broad claim that it owns an ordinary railroad right of way covering the full width of the alleged street, and may change the grade at will, and make such use of the entire tract as is reasonably necessary in the operation of a steam railway, provided such acts are done in in a reasonably careful and workmanlike…
2Cases cited2 opinions
- Janesville Cotton Mills v. FordWisconsin Supreme Court · 1892
- Brittingham & Hixon Lumber Co. v. MansonWisconsin Supreme Court · 1900
3Cited by3 opinions
- George J. Meyer Manufacturing Co. v. Howard Brass & Copper Co.Wisconsin Supreme Court · 1945
- Burton v. DouglassWisconsin Supreme Court · 1909
- St. Regis Apartment Corp. v. SweitzerWisconsin Supreme Court · 1966