Pearce v. City of Milwaukee
Wisconsin Supreme Court
•APPEAL from the Circuit Court for Milwaulcee County. Section 18, oh. x, of the charter of the City of Milwaulcee (Laws of 1852, ch. 56) provides as follows: “ The common council shall cause to be established, under the direction of the city surveyor, the grade of all streets, sidewalks and alleys in said city, and shall cause accurate profiles thereof to be made, one of wbicb shall be filed in tbe office of tbe register of deeds of Milwaukee county; and should the grade so…
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•APPEAL from the Circuit Court for Milwaulcee County. Section 18, oh. x, of the charter of the City of Milwaulcee (Laws of 1852, ch. 56) provides as follows: “ The common council shall cause to be established, under the direction of the city surveyor, the grade of all streets, sidewalks and alleys in said city, and shall cause accurate profiles thereof to be made, one of wbicb shall be filed in tbe office of tbe register of deeds of Milwaukee county; and should the grade so established be at any time thereafter altered, all damages, costs and charges arising therefrom shall be paid by the…
1Opinion of the Court
By the Court,,
DlXON, C. J.
The only question in this case is, whether the plaintiffs waived their right to damages against the city by doing the grading themselves in respect of which. *431the damages are claimed. The plaintiffs owned and occupied tbe lots in front of which the grading was to be done. The ordinance altering the grade had been passed, and the order requiring the plaintiffs to do it in conformity to the ordinance had been made and published. It was an order which the street commissioners were authorized to make. Charter, ch. vii, sec. 6, Laws of 1852, ch. 56. The performance of the…
2Cited by1 opinion
- Goodrich v. City of MilwaukeeWisconsin Supreme Court · 1869