Walish v. City of Milwaukee
Wisconsin Supreme Court
Appeal from an order of the superior court of Milwaukee county: R. N. AustiN, Judge. They contended, inter alia,, that the grievance complained of is an unlawful invasion of plaintiff’s right of property — a taking of his property without compensation within the meaning of the state and federal constitutions. The viaduct in question is a permanent structure above the street, and an invasion upon the appurtenant easement held by the abutting owner.
Read the full summary
Appeal from an order of the superior court of Milwaukee county: R. N. AustiN, Judge. They contended, inter alia,, that the grievance complained of is an unlawful invasion of plaintiff’s right of property — a taking of his property without compensation within the meaning of the state and federal constitutions. The viaduct in question is a permanent structure above the street, and an invasion upon the appurtenant easement held by the abutting owner. Such structure is not in conformity to the ordinary use of the highway, and is subversive of the owner’s easement and beneficial estate. The owner…
1Opinion of the CourtCassoday, C. J.
This is an appeal from an order sustaining a demurrer to the plaintiff’s complaint, alleging, in effect: That the plaintiff has been the owner of the lot described ever since 1876. That the lot is on the corner of North Water and Pearson streets, and lies on the north side of Pearson street and on the west side of North Water street, and is fifty feet front on North Water street, and extends west about 270 feet on Pearson street, to the established dock line on the Milwaukee river. That the lot is bounded on the west by the river. That, since 1876, the plaintiff has resided thereon with his…
2Cases cited5 opinions
- Colclough v. City of MilwaukeeWisconsin Supreme Court · 1896
- Drummond v. City of Eau ClaireWisconsin Supreme Court · 1893
- Stadler v. City of MilwaukeeWisconsin Supreme Court · 1874
- Tyson v. City of MilwaukeeWisconsin Supreme Court · 1880
- French v. City of MilwaukeeWisconsin Supreme Court · 1880
3Cited by8 opinions
- United States v. Willow River Power Co.Supreme Court of the United States · 1945
- Jorgenson v. City of SuperiorWisconsin Supreme Court · 1901
- Morris v. City of IndianapolisIndiana Supreme Court · 1911
- Brown v. City of AtlantaSupreme Court of Georgia · 1928
- Friedrich v. City of MilwaukeeWisconsin Supreme Court · 1902
3 more not listed; retrieve them via the Exa API.