Wergin v. Voss
Wisconsin Supreme Court
Appeal from a judgment of the municipal court of Langlade county: Arthur Goodrich, Judge. This is a suit in equity to restrain the defendant from erecting a proposed veterinary hospital on certain lots owned by him in the northeast corner, of block 21 in the city of Antigo.
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Appeal from a judgment of the municipal court of Langlade county: Arthur Goodrich, Judge. This is a suit in equity to restrain the defendant from erecting a proposed veterinary hospital on certain lots owned by him in the northeast corner, of block 21 in the city of Antigo. The proposed construction may best be described | in the following language of the trial'judge: “The plans and drawings of the building have been offered in evidence, from which it appears that the building will be 36x60 with cement floors, walls built of tile with two air spaces, the outside stucco, the front of artistic…
1Opinion of the CourtOwen, J.
The proposed building, the erection of which
is sought to be restrained, is to be used by the defendant as a veterinary hospital. So far as its-alleged objectionable features are concerned it is comparable to, and certainly does not more nearly approximate a nuisance than does, a livery stable. It seems to be pretty well settled that a livery stable is not a nuisance per se. 20 Ruling Case Law, 414; 29 Cyc. 1176; 2 Wood, Nuisances (3d ed.) § 594; Rounsaville v. Kohlheim, 68 Ga. 668; Kirkman v. Handy, 30 Tenn. 406; Albany Christian Church v. Wilborn, 112 Ky. 507, 66 S. W: 285. As was said in…
2Cases cited5 opinions
- Reinman v. City of Little RockSupreme Court of the United States · 1915
- Adams v. MichaelCourt of Appeals of Maryland · 1873
- Cunningham v. MillerWisconsin Supreme Court · 1922
- Rounsaville v. KohlheimSupreme Court of Georgia · 1882
- Albany Christian Church v. WilbornCourt of Appeals of Kentucky · 1902
3Cited by13 opinions
- Brown v. Milwaukee Terminal Railway Co.Wisconsin Supreme Court · 1929
- Hasslinger v. Village of HartlandWisconsin Supreme Court · 1940
- Johnson v. City of TulsaCourt of Criminal Appeals of Oklahoma · 1953
- Wasilewski v. BiedrzyckiWisconsin Supreme Court · 1923
- State v. BunnerWest Virginia Supreme Court · 1943
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