Plesko v. Allied Investment Co.

The complaint does not expressly allege that Allied Investment Company owns the “tree border” between the sidewalk and the curb where the elm tree stood. Allied appears to concede, however, that but for the effect of certain ordinances upon which it relies, it owns the fee to the center of the street subject to the city’s easement for highway purposes.

The circuit court considered that the case is ruled by Brown v. Milwaukee Terminal R. Co. (1929), 199 Wis. 575, 224 N. W. 748, 227 N. W. 385. In that case, the plaintiff, who was using the sidewalk, was injured by the fall of a dead and decayed…