Chase v. City of Oshkosh
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. This action was brought by the plaintiffs against the city for the alleged wrongful cutting down and removing of five ornamental shade trees which were standing and growing upon their premises, on the west side of Oregon street in said city, inside of the street line of the sidewalk and nest to the carriage-way.
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APPEAL from the Circuit Court for Winnebago County. This action was brought by the plaintiffs against the city for the alleged wrongful cutting down and removing of five ornamental shade trees which were standing and growing upon their premises, on the west side of Oregon street in said city, inside of the street line of the sidewalk and nest to the carriage-way. It is charged that the trees did not incumber or obstruct the street or sidewalk, or hinder or delay travel thereon; that the common council of the city, at a regular meeting, adopted a resolution directing and empowering the…
1Opinion of the CourtPiNNev, J.
In the case of Kimball v. Kenosha, 4 Wis. 321, it is decided that the grantee of a lot bounded by a street or streets in a village platted and laid out in conformity with the statute, takes to the center of the street on which the lot abuts, subject to the public easement; and- this proposition has been repeatedly affirmed in numerous subsequent cases, some of which are cited, in Andrews v. Youmans, 78 Wis. 58. The right of the public to use the street for purposes of travel extends to the portion set apart or used for sidewalks, as well as to the way for carriages, wagons, etc., and, in…
2Cases cited9 opinions
- City of Pontiac v. CarterMichigan Supreme Court · 1875
- Kimball v. City of KenoshaWisconsin Supreme Court · 1856
- Reilly v. City of RacineWisconsin Supreme Court · 1881
- Wright v. ForrestalWisconsin Supreme Court · 1886
- Childs v. NelsohWisconsin Supreme Court · 1887
4 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Rosenthal v. City of GoldsboroSupreme Court of North Carolina · 1908
- Jeffress v. Town of GreenvilleSupreme Court of North Carolina · 1911
- Wadsworth v. Town of MiddletownSupreme Court of Connecticut · 1920
- State v. . MalpassSupreme Court of North Carolina · 1925
- Tate v. City of GreensboroSupreme Court of North Carolina · 1894
35 more not listed; retrieve them via the Exa API.