Legal Opinion

Lawe v. City of Kaukauna

Wisconsin Supreme Court

Decided December 13, 1887PublishedCited by 6 opinions

APPEAL from the Circuit Court for Oidagamie County. Ejectment. The principal facts are stated in the opinion. The bridge which was in use at the time this action was commenced was constructed in 1884 and 1885. Previous to its construction the canal had 'been crossed, since 1854, upon bridges built about 180 feet east of the present bridge, and abutting upon lots 1 and 2 in block 13. To approach any of said bridges it was necessary to cross some part of block 13, but the…

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APPEAL from the Circuit Court for Oidagamie County. Ejectment. The principal facts are stated in the opinion. The bridge which was in use at the time this action was commenced was constructed in 1884 and 1885. Previous to its construction the canal had 'been crossed, since 1854, upon bridges built about 180 feet east of the present bridge, and abutting upon lots 1 and 2 in block 13. To approach any of said bridges it was necessary to cross some part of block 13, but the route used in approaching the present bridge differed somewhat from that used in connection with the former bridges. There…

1Opinion of the CourtObtoN, J.

This is an action of ejectment against the city of Kaukauna to recover lots 7, 8, and 9, in block 13, in said city, which the city occupied and used for the landing of a swing-bridge across the government canal, and in connection with the street or highway leading: to the same, and on which said bridge turned. The defense, besides the general issue, is that the plaintiff, as the owner of said lots, *308dedicated them to the public use for such purpose, and that they had been used as a highway for over twenty years in connection with other former bridges across said canal. To these last defenses…

2Cases cited1 opinion

  1. Lee v. SimpsonWisconsin Supreme Court · 1872

3Cited by6 opinions

  1. Pinkum v. City of Eau ClaireWisconsin Supreme Court · 1892
  2. Hicks v. City of BluefieldWest Virginia Supreme Court · 1920
  3. Le Blond v. Town of PeshtigoWisconsin Supreme Court · 1909
  4. Flynn v. Beaverhead CountyMontana Supreme Court · 1914
  5. City of Denver v. JacobsonSupreme Court of Colorado · 1892

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