Tilly v. Mitchell & Lewis Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Bacine county: B. E. DuNWIddie, Judge. Tbis is an action in equity brought to declare void two-ordinances of tbe city of Bacine, one of wbieb attempts to vacate a portion of Eigbtb street in said city, and tbe other to permit tbe defendant corporation to make certain uses of a part of said Eigbtb street.
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Appeal from a judgment of tbe circuit court for Bacine county: B. E. DuNWIddie, Judge. Tbis is an action in equity brought to declare void two-ordinances of tbe city of Bacine, one of wbieb attempts to vacate a portion of Eigbtb street in said city, and tbe other to permit tbe defendant corporation to make certain uses of a part of said Eigbtb street. It appears by tbe complaint that Eigbtb street in tbe city of Bacine is a street sixty feet in width and about three-quarters of a mile in length, running due east and west from Lake Michigan to Boot river, and that it is much used by passengers…
1Opinion of the CourtWiNslow, J.
This is an action in equity by property owners suing in their own right to declare void two ordinances passed by the common council on the ground that they unlawfully devote a public street to private use.
The first question raised by the demurrer is whether the plaintiffs, or any of them, show themselves entitled to maintain an action on their own behalf. This court at an early day recognized the rule that in order to entitle a private person to maintain an action for damages resulting from the obstruction of a'public way, or an action in equity to prevent such an obstruction, it must appear…
2Cases cited21 opinions
- Angle v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of the United States · 1894
- Brodhead v. City of MilwaukeeWisconsin Supreme Court · 1865
- Field v. BarlingIllinois Supreme Court · 1894
- Stafford v. Chippewa Valley Electric RailroadWisconsin Supreme Court · 1901
- State ex rel. Rose v. Superior Court of Milwaukee CountyWisconsin Supreme Court · 1900
16 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Wallace v. BOARD OF EDUCATION OF MONTGOMERY CTY.Supreme Court of Alabama · 1967
- State ex rel. Klefisch v. Wisconsin Telephone Co.Wisconsin Supreme Court · 1923
- Rosenberg v. Village of Whitefish BayWisconsin Supreme Court · 1929
- Vacation of Part of Town of HibbingSupreme Court of Minnesota · 1925
- Yale University v. City of New HavenSupreme Court of Connecticut · 1926
44 more not listed; retrieve them via the Exa API.