J. F. Rappel Co. v. City of Manitowoc
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Mani-towoc county: Michael Kirwan, Circuit Judge. This action was begun to recover damages to the real estate and personal property of the plaintiff company, alleged to have been caused by an obstruction in a culvert erected and maintained by the defendant city. The record in the case is a very long one, the printed case containing over 425 pages.
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Appeal from a judgment of the circuit court for Mani-towoc county: Michael Kirwan, Circuit Judge. This action was begun to recover damages to the real estate and personal property of the plaintiff company, alleged to have been caused by an obstruction in a culvert erected and maintained by the defendant city. The record in the case is a very long one, the printed case containing over 425 pages. Many questions were raised and discussed and we shall state the facts only so far as it is necessary to present the questions which we think of sufficient importance to require discussion. From the…
1Opinion of the Court
The following opinion was filed October 16, 1923:
RoSenberry, J.
The plaintiff was the owner of lot 17, bounded on its southerly side by Franklin street and on the easterly end by Fifteenth street, in the city of Mani-towoc. Running diagonally across the westerly end of lot *14317 and then along its northerly side was an ancient watercourse, which flowed across Fifteenth street at a point opposite the northerly boundary of lot 17. In order to carry the street over the stream the city had constructed a brick arched culvert which discharged into an open ditch below. The plaintiff had constructed a…
2Cases cited4 opinions
- Commonwealth v. RetkovitzMassachusetts Supreme Judicial Court · 1915
- Griffin v. City of BostonMassachusetts Supreme Judicial Court · 1905
- Van Frachen v. City of Fort HowardWisconsin Supreme Court · 1894
- Flieth v. City of WausauWisconsin Supreme Court · 1896
3Cited by4 opinions
- Hasslinger v. Village of HartlandWisconsin Supreme Court · 1940
- Pocquette v. CarpiauxWisconsin Supreme Court · 1952
- Davis v. FayWisconsin Supreme Court · 1953
- Hickok Oil Corp. v. EvattUnited States Board of Tax Appeals · 1942