Allen v. Clausen
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Kenosha county: EbaNK M. Eisi-i, Circuit Judge. On July 2, 1900, tbe common council of the city of Keno-sha, over the mayor’s veto, passed an ordinance granting to Patrick E. Haynes and Gustav L. Clausen, residents and citizens of Chicago, Illinois, their associates, personal representatives, and assigns, the right to construct and operate a passenger street railway over certain specified streets in the city of Kenosha,…
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Appeal from a judgment of the circuit court for Kenosha county: EbaNK M. Eisi-i, Circuit Judge. On July 2, 1900, tbe common council of the city of Keno-sha, over the mayor’s veto, passed an ordinance granting to Patrick E. Haynes and Gustav L. Clausen, residents and citizens of Chicago, Illinois, their associates, personal representatives, and assigns, the right to construct and operate a passenger street railway over certain specified streets in the city of Kenosha, including South street, opposite the plaintiff’s premises; also providing that said grantees, should have the right to extend…
1Opinion of the CourtDodge, J.
The principal relief granted respondent in the judgment before us is injunction to prevent a strictly private injury to her separate property, which the trial court has, upon sufficient evidence, found will be caused by defendant’s threatened entry upon the portion thereof included within South street and construction of street railway thereon. That injury is not one common to others or to the public. It consists, not in incumbering South street as a public way, nor obstructing general travel thereon, nor in the entry upon lands of others from which they might suffer similar injuries, but in…
2Cases cited25 opinions
- Linden Land Co. v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1900
- Fanning v. . OsborneNew York Court of Appeals · 1886
- State ex rel. Wisconsin Telephone Co. v. City of SheboyganWisconsin Supreme Court · 1901
- Stedman v. City of BerlinWisconsin Supreme Court · 1897
- Commonwealth v. KileyMassachusetts Supreme Judicial Court · 1889
20 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- City of Manitowoc v. Manitowoc & Northern Traction Co.Wisconsin Supreme Court · 1911
- Lindsley v. Dallas Consol. St. Ry. Co.Court of Appeals of Texas · 1917
- State v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1908
- Haynes v. Kenosha Electric Railway Co.Wisconsin Supreme Court · 1909
- Wilder v. Aurora, DeKalb & Rockford Electric Traction Co.Illinois Supreme Court · 1905
8 more not listed; retrieve them via the Exa API.