City of Milwaukee v. Gimbel Bros.
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Milwaukee county: Laweencje W. Halsey, Circuit Judge. Within tbe city of Milwaukee, Grand avenue, running east and west, reaches tbe Milwaukee river on its west bank.
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Appeal from an order of tbe circuit court for Milwaukee county: Laweencje W. Halsey, Circuit Judge. Within tbe city of Milwaukee, Grand avenue, running east and west, reaches tbe Milwaukee river on its west bank. Tbe defendants Gimbel Brothers occupied, under lease, a parcel of land on tbe south side of Grand avenue, bounded on tbe east by tbe Milwaukee river and on tbe west by West Water-street, upon which, in 1906, there stood a building extending from West Water street eastward. As early as 1863 tbe city of Milwaukee bad enacted an ordinance establishing a permanent dock line on tbe west…
1Opinion of the CourtDodge, J.
In tbis case tbe trial court bas exercised its discretion to maintain tbe present status quo until tbe various issues of fact and law can be duly considered and decided. Were tbis not done, tbe damage to result from an effective removal of all claimed obstructions in Milwaukee river east of tbe established dock line would be vastly greater than any caused by temporary restraint of tbe construction of a business building, as alleged to be threatened, and the- result sought by tbe action, namely, preventing obstruction of navigation, would be rendered impossible. Under such circumstances, if…
2Cases cited9 opinions
- Cummings v. ChicagoSupreme Court of the United States · 1903
- Village of Pewaukee v. SavoyWisconsin Supreme Court · 1899
- Montgomery v. PortlandSupreme Court of the United States · 1903
- Milwaukee Electric Railway & Light Co. v. BradleyWisconsin Supreme Court · 1901
- Bartlett v. L. Bartlett & Son Co.Wisconsin Supreme Court · 1903
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3Cited by5 opinions
- City of Emporia v. HumphreySupreme Court of Kansas · 1931
- Eau Claire Dells Improvement Co. v. City of Eau ClaireWisconsin Supreme Court · 1908
- Wehr v. Gimbel Bros.Wisconsin Supreme Court · 1915
- Wisconsin Power & Light Co. v. Public Service CommissionWisconsin Supreme Court · 1958
- J. Greenebaum Tanning Co. v. Railroad CommissionWisconsin Supreme Court · 1928