Dillman v. Hoffman
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. In 1849, James Kneeland was the owner in fee simple of the whole of a certain lot in the city of Milwaukee, on the west side of East Water street, having a front of sixty feet on that street, and running back about' a hundred feet to the Milwaukee river.
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APPEAL from the County Court of Milwaukee County. In 1849, James Kneeland was the owner in fee simple of the whole of a certain lot in the city of Milwaukee, on the west side of East Water street, having a front of sixty feet on that street, and running back about' a hundred feet to the Milwaukee river. In that year he erected a building on said lot, covering the whole width thereof; the lower story containing three stores fronting on East Water street, of about equal size. ■Between the north and middle stores was constructed a stairway about five feet wide, leading from the sidewalk up to…
1Opinion of the CourtRyan, C. J.
There is in numerous cases much discussion of the main question argued on this appeal, and not a little diversity of decision. The question is very interesting, and was thoroughly investigated and intelligently presented by counsel on both sides.
When one part of an estate is dependent of necessity for enjoyment on some use, in the nature of an easement, in another part, and the owner conveys either part, without express provision on the subject, all the authorities agree that the part so dependent, thence called the dominant estate, carries or reserves with it an easement of such necessary…
2Cases cited7 opinions
- Gayetty v. BethuneMassachusetts Supreme Judicial Court · 1817
- Partridge v. . Gilbert and OthersNew York Court of Appeals · 1857
- Corning v. GouldNew York Supreme Court · 1837
- Morrison v. KingIllinois Supreme Court · 1871
- Manning v. SmithSupreme Court of Connecticut · 1826
2 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
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- Prah v. MarettiWisconsin Supreme Court · 1982
- Wells v. . GarbuttNew York Court of Appeals · 1892
- State v. Black Bros.Texas Supreme Court · 1927
- Cherry v. BrizzolaraSupreme Court of Arkansas · 1909
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