Legal Opinion

State ex rel. Taylor v. City of Superior

Wisconsin Supreme Court

Decided October 30, 1900PublishedCited by 4 opinions

Appeal from a judgment of the superior court of Douglas county: ChaRles Smith, Judge. The relator filed his petition for an alternative writ of mcmdamus against the city of Superior and its board of public works, from which we glean the following: Eelator is the owner of certain real estate in said city, on the corner of Elmira avenue and North Twenty First street. ,The grade of such last-named street had been permanently established in August, 1889, by the proper city…

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Appeal from a judgment of the superior court of Douglas county: ChaRles Smith, Judge. The relator filed his petition for an alternative writ of mcmdamus against the city of Superior and its board of public works, from which we glean the following: Eelator is the owner of certain real estate in said city, on the corner of Elmira avenue and North Twenty First street. ,The grade of such last-named street had been permanently established in August, 1889, by the proper city authorities, and in the year 1892 it was graded and paved in front of his lots according to the grade so established. In the…

1Opinion of the CourtBaedeeN, J.

Sec. 113, ch. 124, Laws of 1891, gives the board of public works, subject to review by the common council, authority to establish the grades of all streets of the city of Superior, and to change and re-establish the same as it may deem expedient, “ provided that whenever it shall change or alter the permanently established grade of any street, any person sustaining damages to his property abut*19ting on such street by such change or alteration of grade shall have a right to recover such damages in the manner set forth in this chapter.” This is followed by provisions fixing the duty of the board,…

2Cases cited5 opinions

  1. State ex rel. Schintgen v. Mayor of La CrosseWisconsin Supreme Court · 1898
  2. Dore v. City of MilwaukeeWisconsin Supreme Court · 1877
  3. Kersten v. City of MilwaukeeWisconsin Supreme Court · 1900
  4. Harrison v. City of MilwaukeeWisconsin Supreme Court · 1880
  5. State ex rel. Continental Insurance v. DoyleWisconsin Supreme Court · 1876

3Cited by4 opinions

  1. Jorgenson v. City of SuperiorWisconsin Supreme Court · 1901
  2. Bechthold v. City of WauwatosaWisconsin Supreme Court · 1938
  3. Cawker v. City of MilwaukeeWisconsin Supreme Court · 1907
  4. Moynahan v. AllenWisconsin Supreme Court · 1906

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