Benton v. City of Milwaukee
Wisconsin Supreme Court
APPEAL from the Circuit Court for Racime’ County. This action, for damages to a lot in the city of Milwaukee (of which plaintiff is alleged to be the owner), caused by a change in the established grade of adjoining streets, was commenced in the county court of Milwaukee county, and removed for trial to the circuit court above named. The essential averments of the complaint,'including the averment of plaintiff’s ownership of the lot, were put in issue by the answer.
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APPEAL from the Circuit Court for Racime’ County. This action, for damages to a lot in the city of Milwaukee (of which plaintiff is alleged to be the owner), caused by a change in the established grade of adjoining streets, was commenced in the county court of Milwaukee county, and removed for trial to the circuit court above named. The essential averments of the complaint,'including the averment of plaintiff’s ownership of the lot, were put in issue by the answer. At the close of plaintiff’s evidence, defendant moved for a nonsuit, on the ground that plaintiff had failed to prove that he was…
1Opinion of the CourtCole, J.
The learned counsel for the defendant insists that the court below erred in overruling the motion for a nonsuit. He claims that it did not appear that the plaintiff was the owner of the lot affected by the change of grade, and he says that proof of ownership was essential to give a right of recovery under the charter. To this objection it is answered that the proof in regard to the plaintiff’s possession and occupancy of the lot, together with the other testimony which was given bearing upon the point, was sufficient to carry the case to the jury on the question of ownership. We are disposed…
2Cases cited2 opinions
- Sheel v. City of AppletonWisconsin Supreme Court · 1880
- Owens v. City of MilwaukeeWisconsin Supreme Court · 1879
3Cited by8 opinions
- O'Connor v. City of Fond du LacWisconsin Supreme Court · 1901
- Bunker v. City of HudsonWisconsin Supreme Court · 1904
- Benware v. Town of Pine ValleyWisconsin Supreme Court · 1881
- First Savings & Trust Co. v. Milwaukee CountyWisconsin Supreme Court · 1914
- Rose v. Pierce CountyWashington Supreme Court · 1901
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