Steltz v. City of Wausau
Wisconsin Supreme Court
APPEAL from the Circuit Court for Marathon County. This action was commenced September 20, 1892. The complaint alleges, in effect, the incorporation and organization of the defendant city; that the plaintiff by occupation is a public teamster, doing business therein; that he is now, and for more than seven years has been, the owner in fee and the occupant of the premises therein described; that he has erected thereon a dwelling house, stable, and other outhouses; that…
Read the full summary
APPEAL from the Circuit Court for Marathon County. This action was commenced September 20, 1892. The complaint alleges, in effect, the incorporation and organization of the defendant city; that the plaintiff by occupation is a public teamster, doing business therein; that he is now, and for more than seven years has been, the owner in fee and the occupant of the premises therein described; that he has erected thereon a dwelling house, stable, and other outhouses; that adjacent to said premises is Bull creek, which originally had its natural flow or outlet in the Wisconsin river, about 600…
1Opinion of the Court
Cassoday, L
The complaint apparent^ states facts sufficient to show that the defendant created a nuisance of special and peculiar damage to the plaintiff. Evans v. C., St. P., M. & O. R. Co. 86 Wis. 603. It would seem that notice by the injured party to the author of such nuisance, as to the location and nature of the same and the damages sustained thereby, was not a condition precedent to the maintenance of an action therefor at common law nor under sec.-1339 or sec. 3180, R. S. Hughes v. Fond du Lac, 73 Wis. 380; Cairncross v. Pewaukee, 86 Wis. 186. In Hughes v. Fond du Lac, the charter…
2Cases cited4 opinions
- Hughes v. City of Fond du LacWisconsin Supreme Court · 1889
- Hiner v. City of Fond du LacWisconsin Supreme Court · 1888
- Cairncross v. Village of PewaukeeWisconsin Supreme Court · 1893
- Evans v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1893
3Cited by9 opinions
- Raisanen v. City of MilwaukeeWisconsin Supreme Court · 1967
- Frasch v. City of New UlmSupreme Court of Minnesota · 1915
- Condon v. City of ChicagoIllinois Supreme Court · 1911
- Williams v. City of JacksonvilleSupreme Court of Florida · 1935
- Foreway Express, Inc. v. City of HilbertWisconsin Supreme Court · 1966
4 more not listed; retrieve them via the Exa API.