Legal Opinion

Village of Pewaukee v. Wisconsin Lakes Ice & Cartage Co.

Wisconsin Supreme Court

Decided April 9, 1901PublishedCited by 1 opinion

Appeal from a judgment of the county court of Wauke-sha county: M. S. Griswold, Judge. This was an action to enjoin the erection of hotel buildings, docks, etc., on the margin of Pewaukee Lake, and west of Main street, in the village of Pewauhee, at a point a few hundred feet north of the, loans involved in the case of Pewauhee v. Savoy, 103 Wis. 271, and to compel removal of work already done.

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Appeal from a judgment of the county court of Wauke-sha county: M. S. Griswold, Judge. This was an action to enjoin the erection of hotel buildings, docks, etc., on the margin of Pewaukee Lake, and west of Main street, in the village of Pewauhee, at a point a few hundred feet north of the, loans involved in the case of Pewauhee v. Savoy, 103 Wis. 271, and to compel removal of work already done. It appeared that Main street substantially followed the course of a milldam constructed about 1838, by which the natural elevation of the waters of Pewaukee Lake had been increased to a considerable…

1Opinion of the CourtDodge, J.

One fact found by the trial court and fully established by the evidence is conclusive against the propriety of an injunction, such as prayed in the complaint, against this defendant. That fact is that the defendant has not done and is not threatening to do any acts whatever upon the strip of land in question. At the time of the commencement of this action one Leidel had acquired all defendant’s rights for a term of fifteen years by a lease. During that term defendant had no power either to direct or to control Leidél in his occupation or enjoyment of the premises. What purpose, then, could be…

2Cases cited1 opinion

  1. Stridde v. SaroniWisconsin Supreme Court · 1866

3Cited by1 opinion

  1. Illinois Steel Co. v. KohnkeWisconsin Supreme Court · 1912

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