Legal Opinion

S. S. Kresge Co. v. Winkelman Realty Co.

Wisconsin Supreme Court

Decided January 8, 1952PublishedCited by 15 opinions

1Opinion of the CourtBroadfoot, J.

The defendants claim that the owner of land has a right to use it to its fullest economic value. With this general statement there can be no quarrel. However, the plaintiff is the owner of the alleyway in question, subject to the easement established by the judgment of 1936. There is another general statement of law that an easement can be used only in connection with the estate to which it is appurtenant. Reise v. Enos, 76 Wis. 634, 45 N. W. 414; Guse v. Flohr, 195 Wis. 139, 217 N. W. 730. A prescriptive right acquired by a particular use of the property cannot ordinarily justify an added…

2Cases cited4 opinions

  1. McCullough v. Broad Exchange Co.Appellate Division of the Supreme Court of the State of New York · 1905
  2. Lindokken v. PaulsonWisconsin Supreme Court · 1937
  3. Reise v. EnosWisconsin Supreme Court · 1890
  4. Guse v. FlohrWisconsin Supreme Court · 1928

3Cited by15 opinions

  1. Brown v. VossWashington Supreme Court · 1986
  2. Grygiel v. Monches Fish & Game Club, Inc.Wisconsin Supreme Court · 2010
  3. Millen v. ThomasCourt of Appeals of Wisconsin · 1996
  4. Gojmerac v. MahnCourt of Appeals of Wisconsin · 2001
  5. Williams v. Northern Natural Gas CompanyDistrict Court, N.D. Iowa · 1955

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