Legal Opinion

Dickson v. City of Racine

Wisconsin Supreme Court

Decided November 25, 1884PublishedCited by 13 opinions

APPEAL from the Circuit Court for Baoine County. The following statement of the case was prepared by Mr. Justice Tayloe, as a part of the opinion: This appeal arises out of a proceeding taken by tho city of Baoine to open a street in said city, and for the assessment of benefits and damages resulting from the opening thereof.

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APPEAL from the Circuit Court for Baoine County. The following statement of the case was prepared by Mr. Justice Tayloe, as a part of the opinion: This appeal arises out of a proceeding taken by tho city of Baoine to open a street in said city, and for the assessment of benefits and damages resulting from the opening thereof. The respondent owned a parcel of land, with a building situate thereon, fronting on Main street in said city, and being parts of lots 5 and 6, block 12, in the Pirst ward of Baoine. The street opened by said city, for which the' assessments were made, extended from Main…

1Opinion of the CourtTaylor, J.

After reading the testimony contained in the bill of exceptions we are inclined to think the court erred in *548directing a verdict in favor of the respondent, even upon the theory upon which the case was tried in the circuit court; but, however that may be, we are clearly of the opinion that the court erred in submitting the questions to the jury upon the theory that only the actual benefits to his land accruing from the opening of the street cobid be lawfully assessed thereon, and refusing to give the instructions requested by the counsel for the city. This case comes within the rule laid down…

2Cases cited4 opinions

  1. Weeks v. City of MilwaukeeWisconsin Supreme Court · 1860
  2. Johnson v. City of MilwaukeeWisconsin Supreme Court · 1876
  3. Bond v. City of KenoshaWisconsin Supreme Court · 1863
  4. Teegarden v. City of RacineWisconsin Supreme Court · 1883

3Cited by13 opinions

  1. Ross v. Board of SupervisorsSupreme Court of Iowa · 1905
  2. King v. PortlandOregon Supreme Court · 1900
  3. Lamasco Realty Co. v. City of MilwaukeeWisconsin Supreme Court · 1942
  4. State ex rel. Baltzell v. StewartWisconsin Supreme Court · 1889
  5. Stone v. Little Yellow Drainage DistrictWisconsin Supreme Court · 1903

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