Pauer v. Albrecht
Wisconsin Supreme Court
APPEAL from the Circuit Court for Sheboygan County. Action against the city of Plymouth and others, its officers and employees, for a trespass qua/re clausum., The facts are sufficiently stated in the opinion. The defendants appealed from a judgment in favor of the plaintiff.
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APPEAL from the Circuit Court for Sheboygan County. Action against the city of Plymouth and others, its officers and employees, for a trespass qua/re clausum., The facts are sufficiently stated in the opinion. The defendants appealed from a judgment in favor of the plaintiff. For the appellants it was contended, inter alia, that the general authority to abate nuisances, which clearly includes the removal of obstructions from the public streets, is inherent in municipal corporations. 1 Dillon on Mun.. Corp. (3d ed.), secs. 95, 374-379; Peald v. Lang, 98 Mass. 580 ; Pedrick
1Opinion of the CourtOrton, J.
This is an action to recover damages against the defendants for entering upon the premises of the plaintiff and removing her fence and trampling down her shrubbery. The defendants admit the removal of the plaintiff’s fence as charged, and justify it under the order of the common council of the city oí Plymouth, in which the premises are situated, requiring the summary removal of said fence as an encroachment upon a street of said city, after due notice to the plaintiff to remove the same. The fence was on a line nearly parallel to the street, and about thirteen feet from the line thereof on…
2Cases cited4 opinions
- State v. PrestonWisconsin Supreme Court · 1874
- Childs v. NelsohWisconsin Supreme Court · 1887
- State v. LeaverWisconsin Supreme Court · 1885
- Hubbell v. GoodrichWisconsin Supreme Court · 1875
3Cited by7 opinions
- Chase v. City of OshkoshWisconsin Supreme Court · 1892
- Bartlett v. BeardmoreWisconsin Supreme Court · 1890
- Town of Cuba v. Mississippi Cotton Oil Co.Supreme Court of Alabama · 1907
- Konkel v. Town of PellaWisconsin Supreme Court · 1904
- Jennings v. JohonnottWisconsin Supreme Court · 1912
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