Meinzer v. City of Racine
Wisconsin Supreme Court
APPEAL from the Circuit Court for Baoine County. Action to recover damages for the injury to the plaintiff’s lot caused by the alleged unlawful grading of the street in front thereof.
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APPEAL from the Circuit Court for Baoine County. Action to recover damages for the injury to the plaintiff’s lot caused by the alleged unlawful grading of the street in front thereof. An order overruling a demurrer to the complaint was affirmed on a former appeal. 68 Wis. 241. On the trial the only question submitted to the jury was as to the amount of the plaintiff’s damages, which the jury found to be $800. The court found that the defendant made no contract for the performance of the grading and excavating described in the pleadings, and is not liable to the plaintiff in this action. From…
1Opinion of the CourtORton, J.
This case was here by appeal from an order overruling the demurrer to the compliant. This court held that the complaint stated ■ a good cause of action, and, affirmed the order. 68 Wis. 241. The facts set out in the complaint appear in that case, and need not here be, restated. They are, in substance, that the city caused! the street in front of the plaintiff’s lot to be graded illegally and in such way as to injure said premises. The necessary *565steps to make such work lawful and a charge upon the plaintiff’s lot were not taken. This is the gravamen of the complaint and the ground of the…
2Cases cited3 opinions
- Dore v. City of MilwaukeeWisconsin Supreme Court · 1877
- Crossett v. City of JanesvilleWisconsin Supreme Court · 1871
- Meinzer v. City of RacineWisconsin Supreme Court · 1887
3Cited by7 opinions
- Bunker v. City of HudsonWisconsin Supreme Court · 1904
- Jorgenson v. City of SuperiorWisconsin Supreme Court · 1901
- Drummond v. City of Eau ClaireWisconsin Supreme Court · 1893
- Drummond v. City of Eau ClaireWisconsin Supreme Court · 1891
- Meinzer v. City of RacineWisconsin Supreme Court · 1889
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