Milwaukee Street Railway Co. v. Adlam
Wisconsin Supreme Court
APPEAL from the Superior Court of Milvjauleee County. Prior to 1892 Third street between Harmon and Walnut streets in Milwaukee had been macadamized. In May, June, and the fore part of July, 1892, the requisite steps had been taken to authorize the removal of from nine to eleven inches of said macadam, and to repave the same with cedar blocks.
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APPEAL from the Superior Court of Milvjauleee County. Prior to 1892 Third street between Harmon and Walnut streets in Milwaukee had been macadamized. In May, June, and the fore part of July, 1892, the requisite steps had been taken to authorize the removal of from nine to eleven inches of said macadam, and to repave the same with cedar blocks. On July 15, 1892, the defendants Adlam c& Mosher, as parties of the first part, and Crilley & O’Donnell, as parties of the second part, and the city of Milwaukee, as party of the third part, entered into a written contract wherein and whereby the said…
1Opinion of the CourtCassoday, J.
This action is not agiinst the city, but is only against its contractors engaged in the work of repaving the street, as mentioned in the 'foregoing statement. The contract of the defendants with the city is silent as to whether the defendants, in doing the work, were authorized to obstruct or interfere with the running of cars by the plaintiff on the street in question. Of course it implies such occupancy of the street during the time as might be reasonably necessary to perform the work according to their contract. There is no claim or'pretense that the plaintiff’s tracks were not lawfully…
2Cases cited4 opinions
- J. S. Keator Lumber Co. v. St. Croix Boom Corp.Wisconsin Supreme Court · 1888
- Hamilton v. Vicksburg, Shreveport & Pacific RailroadSupreme Court of the United States · 1886
- Raymond v. KesebergWisconsin Supreme Court · 1893
- Jochem v. RobinsonWisconsin Supreme Court · 1886
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- Wisconsin Gas Co. v. Craig D. Lawrenz & Associates, Inc.Wisconsin Supreme Court · 1976