Stadler v. City of Milwaukee
Wisconsin Supreme Court
APPEAL from the Circuit Court for Kenosha County. This was one of several similar actions brought against the City of Milwaukee, under section 18, chapter 10 of the city charter, to recover damages alleged to have been done to plaintiffs’ property by reason of a change of grade in the street on which the premises were situated. Plaintiffs owned the lot in question, on which they had erected and were operating a barley mill.
Read the full summary
APPEAL from the Circuit Court for Kenosha County. This was one of several similar actions brought against the City of Milwaukee, under section 18, chapter 10 of the city charter, to recover damages alleged to have been done to plaintiffs’ property by reason of a change of grade in the street on which the premises were situated. Plaintiffs owned the lot in question, on which they had erected and were operating a barley mill. The grade of the street having been raised over four feet by an ordinance of the common council, plaintiffs claimed that by reason of the change of grade they were obliged…
1Opinion of the Court
Dixon, O. J.
The cases of Ricket v. The Metropolitan Railway Con., 5 Best & Smith, 149, 156, and same case in the House *101of Lords, L. R., 2 H. L., 175, and Bigg v. Corporation of London, L. R., 15 Eq.Cas., 376; S. C., 5 Eng. R. (Moak), 887, go far to elucidate and correctly settle the question of damages presented in this case. The question here is upon the right of the plaintiffs to recover damages for the use of their barley mill during the time the jury should find it would necessarily be idle, while the mill and machinery were being raised and adjusted to the new grade. The court instructed…
2Cases cited1 opinion
- Congress & Empire Spring Co. v. High Rock Congress Spring Co.New York Court of Appeals · 1871
3Cited by10 opinions
- City of St. Louis v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1916
- State Ex Rel. LaPrade v. CarrowArizona Supreme Court · 1941
- Sawyer v. CommonwealthMassachusetts Supreme Judicial Court · 1902
- Iron City Automobile Co. v. City of PittsburghSupreme Court of Pennsylvania · 1916
- Costas v. City of Fond Du LacWisconsin Supreme Court · 1964
5 more not listed; retrieve them via the Exa API.