Zettel v. City of West Bend
Wisconsin Supreme Court
APPEAL from the Circuit Court for. Washington County. The following statement of the case was prepared by Mr. Justice Cassoday: It appears from the complaint that the plaintiff owns lot 4, block 8, of the original plat of the city of West Bend, and occupies the same as a homestead and residence, and that the same fronts the east, towards River street, running north and south, and one of the principal streets of the city; that south of that block is Hickory street, running…
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APPEAL from the Circuit Court for. Washington County. The following statement of the case was prepared by Mr. Justice Cassoday: It appears from the complaint that the plaintiff owns lot 4, block 8, of the original plat of the city of West Bend, and occupies the same as a homestead and residence, and that the same fronts the east, towards River street, running north and south, and one of the principal streets of the city; that south of that block is Hickory street, running east and west; that north of that block is Elm ■ street, eighty feet wide, running east and west; that one block north of…
1Opinion of the CourtCassoday, J.
The gra/oamen of the complaint is that by reason of the construction of the school-house in Elm street, between Fond du Lac and Elizabeth streets, the plaintiff has been compelled, in driving to and from his garden, to take a more inconvenient and circuitous route, to his clam-*319age. This is on the theory that the plaintiff has sustained special injury by reason of a public nuisance. The portion of Elm. street obstructed by the school-house is more than a block distant from each of the pieces of land owned by the plaintiff. The law applicable is well stated in one of the cases cited by the…
2Cases cited3 opinions
- School District No. 1 v. NeilSupreme Court of Kansas · 1887
- State ex rel. Board of County Commissioners v. BartonSupreme Court of Minnesota · 1886
- State ex rel. Williams v. HolmanSupreme Court of Minnesota · 1889
3Cited by13 opinions
- Tilly v. Mitchell & Lewis Co.Wisconsin Supreme Court · 1904
- McKay v. City of EnidSupreme Court of Oklahoma · 1910
- Blanding v. City of Las VegasNevada Supreme Court · 1929
- Thorndike v. Milwaukee Auditorium Co.Wisconsin Supreme Court · 1910
- Mahler v. BrumderWisconsin Supreme Court · 1896
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