Hamilton v. City of Fond du Lac
Wisconsin Supreme Court
APPEAL from the Circuit Court for Wwmebago County. Trespass quare claustim. The complaint alleges that the defendant broke and entered plaintiff’s close in said city, and dug and carried away a large quantity of earth and soil, part and parcel of said close, for which damages to the amount of five hundred dollars are claimed. The answer is a general denial.
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APPEAL from the Circuit Court for Wwmebago County. Trespass quare claustim. The complaint alleges that the defendant broke and entered plaintiff’s close in said city, and dug and carried away a large quantity of earth and soil, part and parcel of said close, for which damages to the amount of five hundred dollars are claimed. The answer is a general denial. In January, 1867, the common council of the defendant city passed an ordinance declaring the old east branch of the Fond du Lac river, within certain limits in said city, a public nuisance, and providing for the abatement of such nuisance…
1Opinion of the CourtLyon, J.
That the acts complained of were committed by or under the authority of officers and agents of the defendant city, and that such acts were trespasses, is not denied; and the material question to be determined is, whether the city is liable therefor.
The principle upon which the answer to this question depends was laid down by this court in Hurley v. Texas, 20 Wis., 634, and in Squiers v. Neenah, 24 id., 588, to the effect that if the trespass complained of is within the general authority of such officers or agents, if they had authority to act on the general subject matter, and acted in good…
2Cases cited3 opinions
- Lee v. . the Village of Sandy HillNew York Court of Appeals · 1869
- Hurley v. Town of TexasWisconsin Supreme Court · 1866
- Crossett v. City of JanesvilleWisconsin Supreme Court · 1871
3Cited by8 opinions
- Bunker v. City of HudsonWisconsin Supreme Court · 1904
- Wallace v. City of MenashaWisconsin Supreme Court · 1880
- Robinson v. RohrWisconsin Supreme Court · 1889
- Drummond v. City of Eau ClaireWisconsin Supreme Court · 1893
- Smith v. GouldWisconsin Supreme Court · 1884
3 more not listed; retrieve them via the Exa API.