Fred Miller Brewing Co. v. City of Milwaukee
Wisconsin Supreme Court
Appeal from an order of the circuit court for Milwaukee county: Oscar M. Eritz, Circuit Judge. ■ Action to recover damages for an alleged illegal change of grade.
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Appeal from an order of the circuit court for Milwaukee county: Oscar M. Eritz, Circuit Judge. ■ Action to recover damages for an alleged illegal change of grade. The property owned hy plaintiff was affected by the construction of a viaduct, substantially as in Pabst B. Go. v. Milwaukee and Joseph Schlitz B. Go. v. Milwaukee, 148 Wis. 582, 138 N. W. 1112, and Gross G. Go. v. Milwaukee, 148 Wis. 72, 134 N. W. 139. The structure alleged to have caused damage in those cases is the one said to have injured plaintiff’s property. The court found, as matter of law, that the street was constructed to…
1Opinion of the CourtMaesiiall, J.
Notwithstanding the skilful analysis by appellant’s counsel to demonstrate error of the trial court in holding that the evidence established an illegal change of grade injuriously affecting respondent’s property, it is not convincing. There is no need to follow such analysis in detail or demonstrate the correctness of the decision below. Suffice it to say, that, as we view the record, it does not clearly condemn such decision. To what extent the change *83injuriously affected respondent’s property is a jury question subject to control by the trial court to prevent injustice.
Whether the trial…
2Cited by4 opinions
- Couch v. Southern Railway Co.Appellate Court of Illinois · 1938
- State ex rel. City of Milwaukee v. Circuit Court for Milwaukee CountyWisconsin Supreme Court · 1916
- Gross Coal Co. v. City of MilwaukeeWisconsin Supreme Court · 1920
- Reuter v. Hickman, Lauson & Diener Co.Wisconsin Supreme Court · 1915