Milwaukee-Western Fuel Co. v. City of Milwaukee
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwaukee county: LaweeNce W. Halsey, Circuit Judge. Action at law under sec. 3180, Stats., to recover damages-caused by tbe construction by tbe city of Milwaukee in 1908-of a new bascule bridge across tbe Kinnickinnic river in said city, wbicb bridge, it is alleged, constitutes a nuisance in navigable waters, and to abate tbe same.
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Appeal from a judgment of tbe circuit court for Milwaukee county: LaweeNce W. Halsey, Circuit Judge. Action at law under sec. 3180, Stats., to recover damages-caused by tbe construction by tbe city of Milwaukee in 1908-of a new bascule bridge across tbe Kinnickinnic river in said city, wbicb bridge, it is alleged, constitutes a nuisance in navigable waters, and to abate tbe same. Tbe Chicago &. Northwestern Railway Company and the Chicago, Milwaukee & St. Paul Railway Company were joined as parties defendant under tbe claim that .they jointly with tbe city placed and maintained certain piling…
1DissentTimxiN, J.
The judgment appealed from was rendered in an. action at law tried before a jury pursuant to ch. 137, Stats., which authorizes the court in actions of this kind to award damages and also to' order the nuisance abated. Judgment was rendered against the defendant for $500 damages as authorized by sec. 3181 of that chapter. The circuit court certified that the abatement of the alleged nuisance was unnecessary. He added to this, however, a provision that the refusal to abate the same should be without prejudice to the right of the plaintiff to bring such action or actions as it may be advised for…
2Cases cited19 opinions
- Transportation Co. v. ChicagoSupreme Court of the United States · 1879
- Weeks v. City of MilwaukeeWisconsin Supreme Court · 1860
- Maxwell v. Bay City Bridge Co.Michigan Supreme Court · 1879
- Johnson v. City of SomervilleMassachusetts Supreme Judicial Court · 1907
- Bond v. . WoolSupreme Court of North Carolina · 1890
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