Hundhausen v. Bond
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. Action for injuries to plaintiff’s person alleged to have been caused by certain obstructions in a public street in Milwaukee, in front of Atkins' bouse.
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APPEAL from the Circuit Court for Milwaukee County. Action for injuries to plaintiff’s person alleged to have been caused by certain obstructions in a public street in Milwaukee, in front of Atkins' bouse. The complaint alleged that Atkins, being the owner of* premises abutting on Cedar Street, employed Bond to make alterations and repairs on the premises; that Bond, in so doing, placed earth taken from the lot, on the street in front of the premises; that defendants neglected to place any signals or lights to warn people against accidents, in consequence of which plaintiff, riding by in his…
1Opinion of the CourtRyan, C. J.
We cannot hold the earth excavated from the premises of the defendant Atkins, without any purpose of using it in his building or of restoring it to his premises, but placed in the adjacent street for final removal elsewhere as surplusage, to be building material within sections 12 and 13 of the city ordinance offered in evidence. What is permanently removed to give place to a building, is surely not material for the building. Indeed, conceding the power of the common council to regulate the use of streets for building material, and to grant permits for that purpose, and to limit those to four…
2Cases cited4 opinions
- Chicago City v. RobbinsSupreme Court of the United States · 1863
- Storrs v. . the City of UticaNew York Court of Appeals · 1858
- Harper v. City of MilwaukeeWisconsin Supreme Court · 1872
- Gardiner v. TisdaleWisconsin Supreme Court · 1853
3Cited by23 opinions
- Smith v. Milwaukee Builders' & Traders' ExchangeWisconsin Supreme Court · 1895
- Hackett v. Western Union Telegraph Co.Wisconsin Supreme Court · 1891
- John A. Tolman & Co. v. City of ChicagoIllinois Supreme Court · 1909
- Anderson v. Tug River Coal & Coke Co.West Virginia Supreme Court · 1906
- Loberg v. Town of AmherstWisconsin Supreme Court · 1894
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