Yates v. Judd
Wisconsin Supreme Court
APPEAL from tbe County Court of Milwaukee County. The complaint avers that at the time the defendant committed the grievance hereinafter mentioned, the plaintiff was, and still continues to be, possessed of a certain premises in the city of Milwaukee, the eastern line of which is the thread of the Milwaukee river, and the southerly line is the north side of Point street; that the defendant was possessed of a parcel of ground on the opposite or southerly side of Point street;…
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APPEAL from tbe County Court of Milwaukee County. The complaint avers that at the time the defendant committed the grievance hereinafter mentioned, the plaintiff was, and still continues to be, possessed of a certain premises in the city of Milwaukee, the eastern line of which is the thread of the Milwaukee river, and the southerly line is the north side of Point street; that the defendant was possessed of a parcel of ground on the opposite or southerly side of Point street; that before that time that portion of said street that passed by the plaintiff’s premises, having once been partially…
1Opinion of the Court
By the Court,
DixoN, C. J.
I think the defense in this case fully sustained upon the doctrine of dedication; that the prem*128ises for the injury to which the plaintiff complains, were devoted by the original proprietors to the public use as a highway by water, and consequently that the grading, filling and other works of the' plaintiff within the line of such highway, by which it is blocked up and destroyed, were a public nuisance. I do not care to repeat the argument found in the brief of defendant’s counsel, which so ably and, in my judgment, unan-swerably sustains this conclusion. I am reminded…
2Cases cited3 opinions
- Connehan v. FordWisconsin Supreme Court · 1859
- Walker v. ShepardsonWisconsin Supreme Court · 1856
- Arnold v. ElmoreWisconsin Supreme Court · 1863
3Cited by10 opinions
- City of Indianapolis v. KingsburyIndiana Supreme Court · 1884
- City of Janesville v. CarpenterWisconsin Supreme Court · 1890
- Village of Pewaukee v. SavoyWisconsin Supreme Court · 1899
- Norcross v. GriffithsWisconsin Supreme Court · 1886
- Buschmann v. LouisSupreme Court of Missouri · 1894
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