Hart v. City of Neillsville
Wisconsin Supreme Court
Appeal from an order of 'the circuit court for Clark county;: James O’Neill, Circuit Judge. This is an appeal from an order sustaining a demurrer to •the complaint for insufficiency.. The material facts stated in the pleading for a cause of action are thése: Eor more than twenty years last past plaintiff has owned and occupied’as a family home lots 5,6, lü, 17,18, and 19, block 8, Hewitt’s Addition to the city of Neillsville.
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Appeal from an order of 'the circuit court for Clark county;: James O’Neill, Circuit Judge. This is an appeal from an order sustaining a demurrer to •the complaint for insufficiency.. The material facts stated in the pleading for a cause of action are thése: Eor more than twenty years last past plaintiff has owned and occupied’as a family home lots 5,6, lü, 17,18, and 19, block 8, Hewitt’s Addition to the city of Neillsville. Under all parts of the dwelling house thereon there is a basement walled up with stone and a well adjacent thereto upon which the family depend for a water supply. Erom…
1Opinion of the CourtMaeshall, J.
The learned trial court held the complaint' to be fatally defective, supposing, from the facts alleged, that the injuries complained of were produced by defects in the original plan of the sewer; and that since such defects were rendered injuriously operative as to appellant’s property by his voluntary act in connecting-his private drain with the main sewer, the result was not referable to any fault of the respondent. The reasoning which resulted in such conclusions is embodied in an elaborate opinion by the judge containing a careful review of numerous authorities supposed to be in point.
'Whi…
2Cases cited19 opinions
- Seifert v. . City of BrooklynNew York Court of Appeals · 1886
- Johnston v. District of ColumbiaSupreme Court of the United States · 1886
- City of Fort Wayne v. CoombsIndiana Supreme Court · 1886
- City of Teree Haute v. HudnutIndiana Supreme Court · 1887
- Barton v. . the City of SyracuseNew York Court of Appeals · 1867
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3Cited by19 opinions
- Citizens & Southern Bank v. Union Warehouse & Compress Co.Supreme Court of Georgia · 1924
- Geuder, Paeschke & Frey Co. v. City of MilwaukeeWisconsin Supreme Court · 1911
- Hayes v. City of VancouverWashington Supreme Court · 1911
- Peck v. City of BarabooWisconsin Supreme Court · 1909
- Trustees of University Co-Operative Co. v. City of MadisonWisconsin Supreme Court · 1939
14 more not listed; retrieve them via the Exa API.