Legal Opinion

Wallich v. City of Manitowoc

Wisconsin Supreme Court

Decided January 30, 1883PublishedCited by 5 opinions

APPEAL from the Circuit Court for Manitowoc County. Action to recover for an injury to the premises of the plaintiff abutting upon Washington street in the defendant city, caused by a change in the grade of said street alleged to have been 'wholly unauthorized by law. The answer was a general denial. The facts will sufficiently appear from the opinion. At the close of the plaintiff’s testimony a motion .for a nonsuit was denied.

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APPEAL from the Circuit Court for Manitowoc County. Action to recover for an injury to the premises of the plaintiff abutting upon Washington street in the defendant city, caused by a change in the grade of said street alleged to have been 'wholly unauthorized by law. The answer was a general denial. The facts will sufficiently appear from the opinion. At the close of the plaintiff’s testimony a motion .for a nonsuit was denied. The motion was renewed after all the evidence was in, and was again denied. There was a verdict for the plaintiff, and from the judgment entered thereon the defendant…

1Opinion of the Court

Cole, O. J.

The liability of the city for the damages resulting from grading down Washington street, adjoining the plaintiff’s premises, is placed upon the ground that its officers, in doing the work, did not proceed according to the provisions of the charter; therefore, the case comes within the principle decided in Orosselt v. Janesville, 28 Wis., 420, and that class of cases. There is no pretense that the charter gives compensation for injuries resulting from the change in the grade of the street, where the officers act within the limits of the power conferred, and do the work with…

2Cases cited1 opinion

  1. Crossett v. City of JanesvilleWisconsin Supreme Court · 1871

3Cited by5 opinions

  1. Smith v. City of Eau ClaireWisconsin Supreme Court · 1891
  2. Drummond v. City of Eau ClaireWisconsin Supreme Court · 1893
  3. Liermann v. City of MilwaukeeWisconsin Supreme Court · 1907
  4. McCullough v. Village of CampbellsportWisconsin Supreme Court · 1904
  5. Parke v. City of SeattleWashington Supreme Court · 1892

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