Hay v. Weber
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. The following statement of the case was prepared by Mr. Justice Cassoday: It appears from the record that at the times mentioned and referred to, Main street, in the city of Oshkosh, ran north and south; that the plaintiff owned lot 5, block 2, subdivision of Jackson’s replat, in the Eirst ward of the city, upon which he had a two-story brick building, occupied by him as a hardware store, covering the full width of the lot,…
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APPEAL from the Circuit Court for Winnebago County. The following statement of the case was prepared by Mr. Justice Cassoday: It appears from the record that at the times mentioned and referred to, Main street, in the city of Oshkosh, ran north and south; that the plaintiff owned lot 5, block 2, subdivision of Jackson’s replat, in the Eirst ward of the city, upon which he had a two-story brick building, occupied by him as a hardware store, covering the full width of the lot, on the west side of said street, and fronting east, and flush with the west line of that street; that adjoining said…
1Opinion of the CourtCassoday, J.
Under the settled law of this state, the defendant’s ownership of the fee to lot 4, mentioned in the foregoing statement, extended to the center of Main street. Such title, however, was subject and subordinate to the right of the public to use the street for the ordinary purposes of travel. In other words, the primary object of a public street or sidewalk in a city is for public travel. Jochem v. Robinson, 66 Wis. 641. It is not to be inferred from this, however, that even the public have the right to require the municipality or the abutting lot-owner to keep the entire space, within the…
2Cases cited5 opinions
- Wintersmith & Young v. Pointer & ConwayCourt of Appeals of Kentucky · 1859
- Papworth v. City of MilwaukeeWisconsin Supreme Court · 1885
- Gerrish v. ShattuckMassachusetts Supreme Judicial Court · 1882
- Denby v. WillerWisconsin Supreme Court · 1884
- Begg v. AndersonWisconsin Supreme Court · 1885
3Cited by10 opinions
- Venuto v. Owens-Corning Fiberglas Corp.California Court of Appeal · 1971
- Regency Outdoor Advertising, Inc. v. City of Los AngelesCalifornia Supreme Court · 2006
- Krueger v. Wisconsin Telephone Co.Wisconsin Supreme Court · 1900
- Klaber v. LakenanCourt of Appeals for the Eighth Circuit · 1933
- Bischof v. Merchants National BankNebraska Supreme Court · 1906
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