Huston v. City of Fort Atkinson
Wisconsin Supreme Court
APPEAL from the Circuit Court for Jefferson County. The substance of the pleadings will appear from the opinion. A jury having been waived the cause was tried by the court, which found, as facts, that the defendant, by its agents and servants thereunto directed, entered upon the street in question “ and there dug, quarried, took, and carried away 500 square feet of stone of the value of $50; that said stone were not taken from the ground for the purpose of improving or…
Read the full summary
APPEAL from the Circuit Court for Jefferson County. The substance of the pleadings will appear from the opinion. A jury having been waived the cause was tried by the court, which found, as facts, that the defendant, by its agents and servants thereunto directed, entered upon the street in question “ and there dug, quarried, took, and carried away 500 square feet of stone of the value of $50; that said stone were not taken from the ground for the purpose of improving or repairing said street, nor did the removal thereof improve or repair the same, but they were taken by a street commissioner…
1Opinion of the CourtTaylor, J.
The appellant brought an action against the respondent, the Gity of Fort Atkinson, for trespass for digging up and removing a quantity of stones from a public street opposite her lot, and between the center of such street and the appellant’s land. The city justifies by alleging that the place where the stones were dug and from which they were removed was within the limits of one of the public streets of said city, and that said stones were dug up, removed, and used for the purpose of repairing another public street in said city at some distance from the street from which they were taken.
The…
2Cases cited6 opinions
- Harper v. City of MilwaukeeWisconsin Supreme Court · 1872
- City of Ripon v. BittelWisconsin Supreme Court · 1872
- Hincks v. City of MilwaukeeWisconsin Supreme Court · 1879
- City of New Haven v. SargentSupreme Court of Connecticut · 1871
- Kittredge v. City of MilwaukeeWisconsin Supreme Court · 1870
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Hay v. City of BarabooWisconsin Supreme Court · 1906
- Daniels v. City of RacineWisconsin Supreme Court · 1898
- Krueger v. Wisconsin Telephone Co.Wisconsin Supreme Court · 1900
- Byington v. City of MerrillWisconsin Supreme Court · 1901
- Andrews v. YoumansWisconsin Supreme Court · 1890
4 more not listed; retrieve them via the Exa API.