Legal Opinion

Crowley v. City of Milwaukee

Wisconsin Supreme Court

Decided October 23, 1917PublishedCited by 4 opinions

Appeal from a judgment of the circuit court for Milwaukee county: W. J. Turster, Circuit Judge. This is an action by the plaintiffs to recover damages caused by the city’s default in laying an alleged worthless street pavement in front of the plaintiffs’ property.

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Appeal from a judgment of the circuit court for Milwaukee county: W. J. Turster, Circuit Judge. This is an action by the plaintiffs to recover damages caused by the city’s default in laying an alleged worthless street pavement in front of the plaintiffs’ property. It appears that the plaintiffs owned two lots fronting on National avenue in the city of Milwaukee, and that the common council of the city in July, 1911, authorized the improvement of National avenue by laying a permanent bituminous macadam pavement having a concrete foundation. The property of the plaintiffs was assessed by the…

1Opinion of the CourtSiebecKee, J.

The evidence ' abundantly supports the jury’s finding that the pavement laid by the city in front of the plaintiffs’ lots in November, 1911, was so defective as to make it worthless for the purposes for which it was intended. It is- contended by the city that the worthless condition of the original bituminous surfacing laid on the concrete foundation for this street improvement was due to an insufficiency in the plans and specifications provided by the city for this street improvement, in that the specified two-inch bituminous covering to be placed on the concrete foundation was wholly…

2Cases cited1 opinion

  1. Eiermann v. City of MilwaukeeWisconsin Supreme Court · 1910

3Cited by4 opinions

  1. Plagmann v. City of DavenportSupreme Court of Iowa · 1917
  2. Bradley v. Wisconsin Drainage Co.Wisconsin Supreme Court · 1923
  3. Bradley v. Wisconsin Drainage Co.Wisconsin Supreme Court · 1923
  4. Marine National Exchange Bank v. City of MilwaukeeWisconsin Supreme Court · 1944

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