Clark v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. This action was brought to recover damages suffered by the plaintiff by reason of an alleged nuisance maintained by the defendant company, an'd for the abatement of such nuisance.
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APPEAL from the Circuit Court for Winnebago County. This action was brought to recover damages suffered by the plaintiff by reason of an alleged nuisance maintained by the defendant company, an'd for the abatement of such nuisance. The case is here on an appeal by the plaintiff from an order sustaining a general demurrer to the complaint. ■ It is alleged in the complaint that the defendant erected, and for the last six years has maintained, a railroad bridge in the city of Menasha, across the natural channel and bed of Fox river (which is a navigable stream), thereby entirely obstructing and…
1Opinion of the CourtLyon, J.
One who sustains special damage peculiar to himself, either in person or in property, from a public nuisance, whether such damage be direct or consequential, may recover the same of the person or corporation creating or maintaining such nuisance. But it is essential to a recovery in such case that the plaintiff prove the damages are special to himself; that is, that they result from an injury of a different character from the injury suffered by the rest of the public, and not a part of the common injury caused by the nuisance. “It is not enough,” says Mr. Wood, in his treatise on Nuisance,…
2Cases cited8 opinions
- Wisconsin River Improvement Co. v. LyonsWisconsin Supreme Court · 1872
- Byrne v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1888
- Williams v. SmithWisconsin Supreme Court · 1868
- Walker v. ShepardsonWisconsin Supreme Court · 1853
- Barnes v. City of RacineWisconsin Supreme Court · 1856
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Tilly v. Mitchell & Lewis Co.Wisconsin Supreme Court · 1904
- Walls v. Smith & Co.Supreme Court of Alabama · 1910
- Pedrick v. RailroadSupreme Court of North Carolina · 1906
- Liermann v. City of MilwaukeeWisconsin Supreme Court · 1907
- Pedrick v. . R. R.Supreme Court of North Carolina · 1906
4 more not listed; retrieve them via the Exa API.