McCullough v. Village of Campbellsport
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Fond du Lac county: Michael Kiewah, Circuit Judge. An action to restrain tbe defendant, its officers, agents, and servants, from excavating and grading tbe street adjacent to plaintiff’s property to tbe grade line adopted by defendant, and from building a sidewalk thereon, under the direction of tbe village* board.
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Appeal from a judgment of the circuit court for Fond du Lac county: Michael Kiewah, Circuit Judge. An action to restrain tbe defendant, its officers, agents, and servants, from excavating and grading tbe street adjacent to plaintiff’s property to tbe grade line adopted by defendant, and from building a sidewalk thereon, under the direction of tbe village* board. Tbe court found as facts that defendant is a duly incorporated village; that plaintiff is one of tbe owners in foe of tbe lots described in tbe complaint and abutting on Main street of tbe village; that tbe village board, on October…
1Opinion of the CourtSiebecKee, J.
The village board was enjoined from prosecuting to completion the contemplated improvement by grading Main street to the established grade and building a sidewalk in front of plaintiff’s premises. It is found that the village board, on October 6, 1902, at a stated meeting, by resolution adopted a street and sidewalk grade for Main street,, and directed its street superintendent to build a sidewalk on the established-grade. This sidewalk would pass in front of plaintiff’s store building, and necessitate a lowering of the-street surface to the depth of nearly eleven inches below the surface of…
2Cases cited4 opinions
- Bunker v. City of HudsonWisconsin Supreme Court · 1904
- Colclough v. City of MilwaukeeWisconsin Supreme Court · 1896
- Damkoehler v. City of MilwaukeeWisconsin Supreme Court · 1905
- Wallich v. City of ManitowocWisconsin Supreme Court · 1883
3Cited by7 opinions
- United States v. Willow River Power Co.Supreme Court of the United States · 1945
- Township of Dearborn v. Dearborn Township ClerkMichigan Supreme Court · 1952
- Glover v. State Highway CommissionSupreme Court of Kansas · 1938
- Stuhl v. Great Northern Railway Co.Supreme Court of Minnesota · 1917
- Bekkedahl v. Village of WestbyWisconsin Supreme Court · 1909
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