Lawler v. Brennan
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Wal-worth. county: A. J. Vinje, Judge. The plaintiff is the owner of a strip of land fronting on Lake Geneva. A highway passes across said land adjacent to said lake.
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Appeal from a judgment of the circuit court for Wal-worth. county: A. J. Vinje, Judge. The plaintiff is the owner of a strip of land fronting on Lake Geneva. A highway passes across said land adjacent to said lake. Plaintiff is a dealer in ice, and, being desirous of building an ice house on his land, and of digging a channel from such ice house to said lake so as to convey the ice therein, applied to the town board of the town of Linn, in which said land was situated, for permission to dig such ditch across the highway and construct a bridge over the same, and at the same time presented to…
1DissentBarnes, J.
The conclusions reached by the court in this case are summarized in the final paragraph of the opinion, where it is said: “We hold, therefore, that under the evidence the plaintiff owns.no land west of the highway, and hence has neither a common-law nor statutory right to a tunnel or channel under or across the highway.” (The italics are mine.)
I believe the decision is contrary to well settled principles of law and that the court' in reaching its conclusion has overturned findings of fact made by the trial judge which were not only well supported by the evidence but were sustained by the…
2Cases cited55 opinions
- West v. Kansas Natural Gas Co.Supreme Court of the United States · 1911
- Storrs v. . the City of UticaNew York Court of Appeals · 1858
- Barclay v. Richard W. Howell's LesseeSupreme Court of the United States · 1832
- Jackson ex dem. Yates v. HathawayNew York Supreme Court · 1818
- Village of Pewaukee v. SavoyWisconsin Supreme Court · 1899
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