Voigt v. Milwaukee County
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwaukee county: OkbeN T. Williams, Circuit Judge. He contended, inter alia, that tbe clause in sec. 3, cb. 444, Laws of 1903, relating to payment of damages out of tbe county treasury was not inserted to create any new elements of damages, such as consequential damages resulting solely from tbe presence of tbe viaduct in its location with reference to tbe plaintiff’s property and its influence upon traffic.
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Appeal from a judgment of tbe circuit court for Milwaukee county: OkbeN T. Williams, Circuit Judge. He contended, inter alia, that tbe clause in sec. 3, cb. 444, Laws of 1903, relating to payment of damages out of tbe county treasury was not inserted to create any new elements of damages, such as consequential damages resulting solely from tbe presence of tbe viaduct in its location with reference to tbe plaintiff’s property and its influence upon traffic. Tbe true purpose of the t clause in question was to designate tbe public treasury out of which parties are legally entitled to such…
1Opinion of the CourtTimlin, J.
Tbe respondent owned five lots abutting on the south side of a highway a short distance west of tbe city *668of Milwaukee, the highway extending east and west. Some of these lots were improved by buildings and filling and upon one was a retail liquor saloon. This highway extended across a deep ravine and was filled up by an embankment so that the surface of the highway was about on a level with the floor of the second story of respondent’s saloon building. The county under authority of ch. 444, Laws of 1908, undertook to build and did build a concrete viaduct more than 2,000 feet in length…
2Cases cited7 opinions
- Laycock v. ParkerWisconsin Supreme Court · 1899
- Colclough v. City of MilwaukeeWisconsin Supreme Court · 1896
- J. I. Case Plow Works v. Niles & Scott Co.Wisconsin Supreme Court · 1900
- McCall Co. v. IcksWisconsin Supreme Court · 1900
- Milwaukee Trust Co. v. City of MilwaukeeWisconsin Supreme Court · 1912
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- City of Trenton v. LenznerSupreme Court of New Jersey · 1954
- Necedah Manufacturing Corp. v. Juneau CountyWisconsin Supreme Court · 1932
- Housing Authority v. LustigSupreme Court of Connecticut · 1952
- Reichert v. Milwaukee CountyWisconsin Supreme Court · 1914
- Fiorini v. City of KenoshaWisconsin Supreme Court · 1932
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