Jorgenson v. City of Superior
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Douglas county: Chabxes Smith, Judge. This action was brought to recover damages to two lots owned by the plaintiffs, abutting on North Twenty-First street, in the city of Superior, resulting from the unauthorized change of grade of the street. The grade of the street was established in August, 1889, and in 1892 it was improved and paved at the expense of the landowners.
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Appeal from a judgment of the superior court of Douglas county: Chabxes Smith, Judge. This action was brought to recover damages to two lots owned by the plaintiffs, abutting on North Twenty-First street, in the city of Superior, resulting from the unauthorized change of grade of the street. The grade of the street was established in August, 1889, and in 1892 it was improved and paved at the expense of the landowners. It appears that the Eastern Railway Company of Minnesota had tracks crossing this street not far distant from plaintiffs’ lots. In 1894 the city entered into an arrangement by…
1Opinion of the CourtBaedeeN, J.
The question arising on this appeal is whether, under the charter, the city of Superior has power to change the established grade of a street, when no assessment of benefits and damages is made, without liability to abutting lot-owners. The theory upon which the court below acted in directing a verdict for defendant was: (1) That the city was not liable for damages, and no assessment of benefits and *565damages was required, under the charter, where the change in the grade was not made at the expense of the adjacent real estate. (2) If an assessment of benefits and damages was necessary, still…
2Cases cited10 opinions
- State ex rel. Schintgen v. Mayor of La CrosseWisconsin Supreme Court · 1898
- State ex rel. Town of Holland v. LammersWisconsin Supreme Court · 1902
- Kersten v. City of MilwaukeeWisconsin Supreme Court · 1900
- Crossett v. City of JanesvilleWisconsin Supreme Court · 1871
- Drummond v. City of Eau ClaireWisconsin Supreme Court · 1893
5 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Bob Willow Motors, Inc., a Wisconsin Corporation, Cross-Appellant v. General Motors Corporation, a Delaware Corporation, Cross-AppelleeCourt of Appeals for the Seventh Circuit · 1989
- Pabst Brewing Co. v. City of MilwaukeeWisconsin Supreme Court · 1905
- Charette v. Prudential Insurance Co. of AmericaWisconsin Supreme Court · 1930
- Peterson v. Sinclair Refining Co.Wisconsin Supreme Court · 1963
- Dahlman v. City of MilwaukeeWisconsin Supreme Court · 1907
22 more not listed; retrieve them via the Exa API.