Pabst Brewing Co. v. City of Milwaukee
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Milwaukee county: J. 0. Ludwig, Judge. Action to recover compensation for damages claimed to have "been caused to plaintiff by the unlawful grading of Bur-leigh street in the city of Milwaukee in front of its real estate.
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Appeal from a judgment of the superior court of Milwaukee county: J. 0. Ludwig, Judge. Action to recover compensation for damages claimed to have "been caused to plaintiff by the unlawful grading of Bur-leigh street in the city of Milwaukee in front of its real estate. By appropriate allegations the property was described, plaintiff’s ownership stated, the grading to the injury thereof’ to the extent of $6,000 set forth, together with facts to the effect that the work was done by direction of the city of Milwaukee, assuming to act under its charter authority to grade and pave streets at the…
1Opinion of the CourtMaeshall, J.
The question for decision here is this: In case of a city charter making it unlawful for the municipality to grade and improve a street, except at the expense of abutting landowners to the extent of the excess of the benefits to their lands over the damages thereto caused thereby, and jurisdiction to determine such excess being in form obtained, but subsequently lost before the final result is reached, so that, though such excess is in form determined, the decision is in fact invalid, yet nevertheless the lotowner voluntarily pays the amount so charged against his property to the city *114treasure…
2Cases cited19 opinions
- Bostwick v. Mutual Life Insurance Co.Wisconsin Supreme Court · 1903
- Fraser v. Ætna Life Insurance Co.Wisconsin Supreme Court · 1902
- Monroe Water Works Co. v. City of MonroeWisconsin Supreme Court · 1901
- Locke v. WilliamsonWisconsin Supreme Court · 1876
- Fishback v. G. W. Van Dusen & Co.Supreme Court of Minnesota · 1885
14 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Cowie v. StrohmeyerWisconsin Supreme Court · 1912
- Gonzalez Ex Rel. Bichler v. City of FranklinWisconsin Supreme Court · 1987
- Hanz Trucking, Inc. v. Harris Brothers Co.Wisconsin Supreme Court · 1965
- Somers v. Germania National Bank of MilwaukeeWisconsin Supreme Court · 1913
- Attoe v. State Farm Mutual Automobile InsuranceWisconsin Supreme Court · 1967
36 more not listed; retrieve them via the Exa API.