Rahn v. Milwaukee Electric Railway & Light Co.
Wisconsin Supreme Court
Appeal from an order of tbe superior court of Milwaukee county: J. C. Ludwig-, Judge. Omitting the formal parts and such of the allegations as are not deemed material to the decision of the questions raised herein, the complaint, in substance, is as follows: That the plaintiff is the owner of two lots in the city of Milwaukee, upon which are located three buildings which cover the said lots nearly or quite to the north line, and that she is in possession of said lots and the…
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Appeal from an order of tbe superior court of Milwaukee county: J. C. Ludwig-, Judge. Omitting the formal parts and such of the allegations as are not deemed material to the decision of the questions raised herein, the complaint, in substance, is as follows: That the plaintiff is the owner of two lots in the city of Milwaukee, upon which are located three buildings which cover the said lots nearly or quite to the north line, and that she is in possession of said lots and the buildings; that in 1893 the Milwaukee Street Kailway Company was the owner of two lots adjoining her premises on the…
1Opinion of the CourtBardeeN, J.
This action is undoubtedly one in equity. In so far as the complaint alleged special damage caused by the excavation made by the defendant not appearing, we have no concern. It is not claimed by plaintiff that the demurring defendant is in any way responsible therefor, and we may dismiss that branch of the case without further comment.
The plaintiff does insist, however, that the intruding wall is in the nature of a nuisance or continuing trespass, which she is entitled to have abated, and that the defendant, being the owner of the repair shop, the premises connected therewith, and in…
2Cases cited7 opinions
- Coatsworth v. Lehigh Valley Railway Co.New York Court of Appeals · 1898
- Wheelock v. . NoonanNew York Court of Appeals · 1888
- Harrington v. McCarthyMassachusetts Supreme Judicial Court · 1897
- Baron v. . KornNew York Court of Appeals · 1891
- McCourt v. EcksteinWisconsin Supreme Court · 1867
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Mary Jane Stevens Co. v. First Nat. Bldg. Co.Utah Supreme Court · 1936
- Huber v. StarkWisconsin Supreme Court · 1905
- State ex rel. Giroux v. LienWisconsin Supreme Court · 1900
- Ogden v. Straus Building Corp.Wisconsin Supreme Court · 1925
- Fisher v. GoodmanWisconsin Supreme Court · 1931
4 more not listed; retrieve them via the Exa API.