Owens v. City of Milwaukee
Wisconsin Supreme Court
APPEAL from the County Court for Milwaukee County. The case is thus stated by Mr. Justice Taylob: “ This action is brought by the plaintiff against the city of Milwaukee to recover for the expenses of raising the grade of the street in front of the plaintiff’s lot in said city, and for damages to said lot by reason of changing the grade and filling the street up to such new grade.
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APPEAL from the County Court for Milwaukee County. The case is thus stated by Mr. Justice Taylob: “ This action is brought by the plaintiff against the city of Milwaukee to recover for the expenses of raising the grade of the street in front of the plaintiff’s lot in said city, and for damages to said lot by reason of changing the grade and filling the street up to such new grade. “ The plaintiff alleges that the grade of said street had been fixed and established in 1853, and the street graded in accordance therewith and paved, and that afterwards, in 1873, the common council of said city,…
1Opinion of the CourtTatuoR, J.
In order to understand the grounds of the defendant’s demurrer, it becomes necessary to state some of the provisions of the charter of the city which have a direct bearing upon the questions raised by said demurrer.
Section 18 of subch. 10 of ch. 56, Laws of 1852, which is an act to consolidate and amend the charter of the city of Milwaukee, provides for the establishment of the grade of all the streets, sidewalks and alleys in said city, and that “ when the grade so established shall be thereafter altered, all damages, costs and charges arising therefrom shall be paid by the city to the owner…
2Cases cited10 opinions
- Goodrich v. City of MilwaukeeWisconsin Supreme Court · 1869
- Church v. City of MilwaukeeWisconsin Supreme Court · 1872
- Hurley v. Town of TexasWisconsin Supreme Court · 1866
- Dore v. City of MilwaukeeWisconsin Supreme Court · 1877
- Crossett v. City of JanesvilleWisconsin Supreme Court · 1871
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3Cited by5 opinions
- Harrison v. City of MilwaukeeWisconsin Supreme Court · 1880
- Benton v. City of MilwaukeeWisconsin Supreme Court · 1880
- Roter v. City of SuperiorWisconsin Supreme Court · 1902
- Heller v. City of MilwaukeeWisconsin Supreme Court · 1897
- French v. City of MilwaukeeWisconsin Supreme Court · 1880