Orth v. City of Milwaukee
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee -county: D. H. Johnson, Circuit Judge. This is an appeal from an assessment of damages in corn -demnation proceedings. It appeared that the plaintiff, in August, 1892, owned several contiguous lots in the Sixth ward of the city of Milwaukee, lying between Commerce street and Milwaukee river. Commerce street runs nearly parallel with the river.
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Appeal from a judgment of the circuit court for Milwaukee -county: D. H. Johnson, Circuit Judge. This is an appeal from an assessment of damages in corn -demnation proceedings. It appeared that the plaintiff, in August, 1892, owned several contiguous lots in the Sixth ward of the city of Milwaukee, lying between Commerce street and Milwaukee river. Commerce street runs nearly parallel with the river. At that time Holton street ran nearly at right angles with Commerce street, but ended at Commerce street. If continued to the river, it would cross plaintiff’s lots. Commerce street and…
1Opinion of the CourtWinslow, J.
There is but one question of importance in this case. Briefly stated, the question is this: In assessing the plaintiff’s damages, were the jury entitled to consider the damages resulting to the plaintiff’s remaining lots from the building of the viaduct, or not? The. court answered this question affirmatively, and allowed witnesses to be examined as to the damage resulting to the salable value of the plaintiff’s remaining property by the erection of the viaduct, and instructed the jury that they might and should assess such damages in their verdict. It is claimed by the city that this was…
2Cases cited3 opinions
- Denver City Irrigation & Water Co. v. MiddaughSupreme Court of Colorado · 1889
- Dickson v. City of RacineWisconsin Supreme Court · 1886
- City of Portland v. KammOregon Supreme Court · 1882
3Cited by1 opinion
- Kansas City v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1910