Legal Opinion

Dore v. City of Milwaukee

Wisconsin Supreme Court

Decided January 15, 1877PublishedCited by 18 opinions

APPEAL from tbe Circuit Court for Sheboygan County. Tbe complaint in tbis action alleges: 1. That now and at all tbe times hereinafter mentioned, plaintiff is and was seized in fee and possessed of tbe south half of a certain lot in tbe city of Milwaukee, on tbe northwest corner of East Water and Buffalo streets, having a frontage of twenty feet on East Water street (the principal business street of said city), and of one hundred and fifty feet on Buffalo street, and…

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APPEAL from tbe Circuit Court for Sheboygan County. Tbe complaint in tbis action alleges: 1. That now and at all tbe times hereinafter mentioned, plaintiff is and was seized in fee and possessed of tbe south half of a certain lot in tbe city of Milwaukee, on tbe northwest corner of East Water and Buffalo streets, having a frontage of twenty feet on East Water street (the principal business street of said city), and of one hundred and fifty feet on Buffalo street, and extending from East Water street to tbe Milwaukee river; that on tbe west line of said lot a dock has been for many years…

1Opinion of the CourtLyoN, J.

We cannot doubt that the raising of Buffalo street from the east end of the bridge to East Water street, as stated in the complaint, is a change of the grade of the former street, within the meaning of the charter of the city of Milwaukee, which provides for compensation to the owner of any lot or parcel of land injuriously affected in consequence of the alteration of the grade of a street. Laws of 1871, ch. 181, subch. VII, sec. 8, p. 363.

The position of the learned counsel for the defendant city, that the law applies only to cases where the grade of an entire street has been changed, is, we…

2Cases cited1 opinion

  1. Crossett v. City of JanesvilleWisconsin Supreme Court · 1871

3Cited by18 opinions

  1. Colclough v. City of MilwaukeeWisconsin Supreme Court · 1896
  2. Black River Improvement Co. v. La Crosse Booming & Transportation Co.Wisconsin Supreme Court · 1882
  3. Liebermann v. City of MilwaukeeWisconsin Supreme Court · 1895
  4. City of Charleston v. ReedWest Virginia Supreme Court · 1886
  5. Dahlman v. City of MilwaukeeWisconsin Supreme Court · 1907

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