Legal Opinion

Hathaway v. City of Milwaukee

Wisconsin Supreme Court

Decided June 20, 1907PublishedCited by 14 opinions

Appeals from a judgment of tbe circuit court for Milwaukee county: J. C. Ludwig, Circuit Judge. Plaintiffs commenced this action for an apportionment of tbe accretion formed on tbe margin of Lake Michigan and abutting on tbe property of the shore owners as shown on the plat attached to the judgment of the circuit court.

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Appeals from a judgment of tbe circuit court for Milwaukee county: J. C. Ludwig, Circuit Judge. Plaintiffs commenced this action for an apportionment of tbe accretion formed on tbe margin of Lake Michigan and abutting on tbe property of the shore owners as shown on the plat attached to the judgment of the circuit court. The old shore line on which the accretion abuts commenced at the point A on tbis plat, and extends through the points K, M,. P, Q, T, E, TJ, X, Y, to G-, its terminus. The new shore line formed by these accretions is located on this plat as-commencing at the point A and…

1Opinion of the Court

The following opinion was filed March 19, 1907:

SiebeoKBR, J.

In dividing the accretion and the new shore the court evidently followed the rule of apportioning-to each abutting proprietor such proportion of the new shoreline as his ownership of the original shore line bore to the-whole line on which the accretion abuts, and dividing the-area to be apportioned by connecting the points where division lines of coterminous owners intersect the original shoreline and the corresponding points on the new shore line by-*253straight lines. This process of apportionment is well recognized as a proper one to…

2Cases cited4 opinions

  1. Banks v. OgdenSupreme Court of the United States · 1865
  2. Northern Pine Land Co. v. BigelowWisconsin Supreme Court · 1893
  3. Trester v. City of SheboyganWisconsin Supreme Court · 1894
  4. Thomas v. Ashland, Siskiwit & Iron River Logging Railway Co.Wisconsin Supreme Court · 1904

3Cited by14 opinions

  1. Angelo v. Railroad CommissionWisconsin Supreme Court · 1928
  2. Burke v. CommonwealthMassachusetts Supreme Judicial Court · 1933
  3. Perpignani v. VonasekWisconsin Supreme Court · 1987
  4. Rondesvedt v. RunningWisconsin Supreme Court · 1963
  5. Mutual Chemical Co. of America v. Mayor of BaltimoreDistrict Court, D. Maryland · 1940

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