Legal Opinion
Krejci v. Lojeski
Wisconsin Supreme Court
Decided February 5, 1957PublishedCited by 7 opinions
1Opinion of the CourtSteinle, J.
The trial court held that the water shutoff valve which protruded one (1) inch above the public sidewalk was not a nuisance as a matter of law, and that the abutting landowner was not liable. It is that ruling which the plaintiff challenges on this appeal.
Abutting lot owners who obstruct or interfere with a road or sidewalk in such a way as to create a dangerous and defective condition are guilty of maintaining a nuisance. Holl v. Merrill (1947), 251 Wis. 203, 28 N. W. (2d) 363.
A nuisance may be based upon either negligent or intentional conduct. Schiro v. Oriental Realty Co. (1956), 272 Wis.…
2Cases cited6 opinions
- Schiro v. Oriental Realty Co.Wisconsin Supreme Court · 1956
- Kleiner v. City of MadisonWisconsin Supreme Court · 1899
- Holl v. City of MerrillWisconsin Supreme Court · 1947
- Pias v. City of RacineWisconsin Supreme Court · 1953
- First National Bank & Trust Co. of Racine v. S. C. Johnson & Sons, Inc.Wisconsin Supreme Court · 1953
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Physicians Plus Insurance v. Midwest Mutual InsuranceWisconsin Supreme Court · 2002
- McChain v. City of Fond Du LacWisconsin Supreme Court · 1959
- Plesko v. Allied Investment Co.Wisconsin Supreme Court · 1961
- Steeno v. WolffWisconsin Supreme Court · 1961
- Borowski v. Weinhold (Weinhold)United States Bankruptcy Court, E.D. Wisconsin · 2006
2 more not listed; retrieve them via the Exa API.