Crossett v. City of Janesville
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Bock County. Tbe action was brought by Mary A. Orossett against tbe City of Janesville and one Barron, to recover for injuries done to plaintiff’s lots, bounded by EranMin street in said city, in consequence of tbe removal of earth from said street adjoining said lots, to a depth of from four to six feet; which removal is averred to have been made by the defendants unlawfully and negligently.
Read the full summary
APPEAL from tbe Circuit Court for Bock County. Tbe action was brought by Mary A. Orossett against tbe City of Janesville and one Barron, to recover for injuries done to plaintiff’s lots, bounded by EranMin street in said city, in consequence of tbe removal of earth from said street adjoining said lots, to a depth of from four to six feet; which removal is averred to have been made by the defendants unlawfully and negligently. The answer was, in substance, that on or about the 6th of August, 1866, a recommendation in writing was presented to the common council of said city, signed by a…
1Opinion of the Court
Tbe following opinion was filed at tbe January term, 1871:
Cole, J.
Assuming that tbe common council of tbe city of Janesville bad power under tbe charter to change tbe grade already established, we still think tbe city was liable to tbe plaintiff for all damages sustained by. reason of grading tbe street according to tbe altered grade. For, while tbe charter enacts that tbe common council shall have full control over tbe streets of tbe city, and establish tbe grades thereof (section 1, chap. 6 of tbe charter, P. & L. Laws of 1866, chap. 474), yet it clearly provides that no street shall be…
2Cited by17 opinions
- Jorgenson v. City of SuperiorWisconsin Supreme Court · 1901
- Dore v. City of MilwaukeeWisconsin Supreme Court · 1877
- Dahlman v. City of MilwaukeeWisconsin Supreme Court · 1907
- Smith v. City of Eau ClaireWisconsin Supreme Court · 1891
- Hollman v. City of PlattevilleWisconsin Supreme Court · 1898
12 more not listed; retrieve them via the Exa API.