Huber v. Stark
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Columbia county: E. Ray Stevees, Circuit Judge. Tbe facts as found by tbe trial court, witbin tbe issues made by tbe pleadings, were as folloAys: Plaintiff and defendant during tbe time stated in tbe complaint, and at tbe time of tbe trial, Avere owners of adjoining buildings. Tbe partition AA^all was partly on tbe premises of eacb.
Read the full summary
Appeal from a judgment of tbe circuit court for Columbia county: E. Ray Stevees, Circuit Judge. Tbe facts as found by tbe trial court, witbin tbe issues made by tbe pleadings, were as folloAys: Plaintiff and defendant during tbe time stated in tbe complaint, and at tbe time of tbe trial, Avere owners of adjoining buildings. Tbe partition AA^all was partly on tbe premises of eacb. Up to tbe summer of 1902 such wall extended above plaintiff's roof upwards of ten feet and above defendant’s ■roof upwards of two feet, and the construction was such that the water from the latter’s building flowed…
1Opinion of the Court
*362Tbe following opinion was filed January 10, 1905 :
Mahshall, J.
Counsel’s first contention is tbat respondent should have sued in ejectment and tbat, as proper objections were made and exceptions to rulings saved to present tbat question here, a reversal should be granted for failure to invoke tbe proper jurisdiction.
"Whether the invasion by one of the domain of another by tbat one projecting tbe eaves of bis building over tbe premises of such other, or by any intrusion into tbe latter’s domain, as by projecting a foundation stone beyond tbe boundary, such other being in no wise disturbed in…
2Cases cited23 opinions
- Shipley v. Fifty AssociatesMassachusetts Supreme Judicial Court · 1870
- Jutte v. . HughesNew York Court of Appeals · 1876
- People v. JonesMichigan Supreme Court · 1872
- Grove v. City of Fort WayneIndiana Supreme Court · 1874
- Thoemke v. FiedlerWisconsin Supreme Court · 1895
18 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Matson v. Dane CountyWisconsin Supreme Court · 1920
- Shea v. GavittSupreme Court of Connecticut · 1915
- Schwartz v. Evangelical Deaconess Society of WisconsinWisconsin Supreme Court · 1970
- McDougald v. New Richmond Roller Mills Co.Wisconsin Supreme Court · 1905
- Brownsey v. General Printing Ink Corp.Supreme Court of New Jersey · 1937
10 more not listed; retrieve them via the Exa API.