Legal Opinion

Hickman v. Wellauer

Wisconsin Supreme Court

Decided April 2, 1919PublishedCited by 19 opinions

Appeal from a judgment of the circuit court for Milwaukee county: Walter Schinz, Circuit Judge. The plaintiff owned a lot twenty by ninety feet facing west on Edison avenue in the city of Milwaukee upon which was a three-story-and-basement brick building twenty by eighty-six feet, the north wall of which was just on the line between plaintiff’s lot and one belonging to former defendant Jacob Wellauer.

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Appeal from a judgment of the circuit court for Milwaukee county: Walter Schinz, Circuit Judge. The plaintiff owned a lot twenty by ninety feet facing west on Edison avenue in the city of Milwaukee upon which was a three-story-and-basement brick building twenty by eighty-six feet, the north wall of which was just on the line between plaintiff’s lot and one belonging to former defendant Jacob Wellauer. Prior to 1890 a two-story brick'barn twenty by twenty-five feet stood there on a foundation eight to ten feet high of rubble stone about twenty-two inches thick. In 1891 it was changed into a…

1Opinion of the CourtEschweiler, J.

The appellants contend: (1) that the court erred in holding that the obligation to support the weight of the building then standing on plaintiff’s lot was thrown upon the defendants by virtue of the provision of the building code of Milwaukee hereinafter quoted; (2) that the findings of fact, particularly those designated in the above statement of facts as (1) to (7) and (9) to (11) inclusive, were contrary to the clear preponderance of the evidence; (3) that the damages as found by the court had no support in the evidence or were in any event excessive; and lastly, should have been…

2Cases cited18 opinions

  1. Transportation Co. v. ChicagoSupreme Court of the United States · 1879
  2. Laycock v. ParkerWisconsin Supreme Court · 1899
  3. Gilmore v. DriscollMassachusetts Supreme Judicial Court · 1877
  4. Mills v. . SweeneyNew York Court of Appeals · 1916
  5. Walker v. StrosniderWest Virginia Supreme Court · 1910

13 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Zindell v. Central Mutual InsuranceWisconsin Supreme Court · 1936
  2. Laska v. SteinpreisWisconsin Supreme Court · 1975
  3. Christensen v. MannWisconsin Supreme Court · 1925
  4. Neyman v. PincusMontana Supreme Court · 1928
  5. Engel v. Dunn CountyWisconsin Supreme Court · 1956

14 more not listed; retrieve them via the Exa API.

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