Eiermann v. City of Milwaukee
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: Oebeit T. Williams, Circuit Judge. This action is brought to set aside an assessment levied against the property of the plaintiff to defray the cost of a sidewalk constructed in front of his property. The city awarded the contract for building the walk to the Milwaukee Sidewalk Company. Such contract provided that the walk should he built according to certain specifications referred to therein.
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Appeal from a judgment of the circuit court for Milwaukee county: Oebeit T. Williams, Circuit Judge. This action is brought to set aside an assessment levied against the property of the plaintiff to defray the cost of a sidewalk constructed in front of his property. The city awarded the contract for building the walk to the Milwaukee Sidewalk Company. Such contract provided that the walk should he built according to certain specifications referred to therein. The plaintiff claimed that there were material departures from such specifications, and that, while they called for a good sidewalk…
1Opinion of the CourtBabites, J.
There was abundant evidence to show that tbe sidewalk as originally laid was well nigh worthless, although the contract called for a substantial walk. There was-plenty of evidence to show that, after tbe contractor bad been required to rebuild about half of it, tbe walk was still far from being completed in substantial compliance with tbe contract. It is true there is some evidence to tbe contrary in the record, but tbe trial court does not seem to have been impressed with it, and, as far as the record contains any expression of bis opinion on tbe subject, it is to tbe effect that tbe walk,…
2Cases cited6 opinions
- Hayes v. Douglas CountyWisconsin Supreme Court · 1896
- Kersten v. City of MilwaukeeWisconsin Supreme Court · 1900
- Wells v. Western Paving & Supply Co.Wisconsin Supreme Court · 1897
- Lisbon Avenue Land Co. v. Town of LakeWisconsin Supreme Court · 1908
- Harrison v. City of MilwaukeeWisconsin Supreme Court · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Sioux City v. Western Asphalt Paving Corp.Supreme Court of Iowa · 1936
- Alsmeier v. AdamsIndiana Court of Appeals · 1914
- In Re Installation of Storm Sewers, Etc.Wisconsin Supreme Court · 1977
- Welch v. City of OconomowocWisconsin Supreme Court · 1928
- Stott v. Salt Lake CityUtah Supreme Court · 1915
4 more not listed; retrieve them via the Exa API.