Bagnall v. City of Milwaukee
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: J. C. Ludwig, Circuit Judge. This is one of a series of so-called illegal change-of-grade-viaduct cases growing out of the erection of the Sixth-street Eirst-avenue viaduct in the city of Milwaukee, several of which cases have been before this court at various times.
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Appeal from a judgment of the circuit court for Milwaukee county: J. C. Ludwig, Circuit Judge. This is one of a series of so-called illegal change-of-grade-viaduct cases growing out of the erection of the Sixth-street Eirst-avenue viaduct in the city of Milwaukee, several of which cases have been before this court at various times. Pabst B. Go. v. Milwaukee, 148 Wis. 582, 133 N. W. 1112; Joseph Schlitz B. Go. v. Milwaukee, 148 Wis. 582,133 N. W. 1112; Gross 0. Co. v. Milwaukee, 148 Wis. J2, 134 2ST. W. 139; Fred Miller B. Go. v. Milwaukee, 155 Wis. 81, 143 N. W. 1066. The appellant classifies…
1Opinion of the Court
EeRWIR", J.
The appellant contends that there should have been a nonsuit or a verdict directed for defendant, on the ground that no case was made against it. It is claimed that no change of an established grade under the city charter was shown, and that the so-called viaduct law, ch. 37 6, Laws of 1901, does not authorize the recovery of damages where there is no change of grade, and that the viaduct in question does not change the grade within the meaning of the law.
We shall not consider here whether there was a change of an established grade under the provisions of the city charter and cases…
2Cases cited11 opinions
- Hennessy v. Douglas CountyWisconsin Supreme Court · 1898
- Shaw v. GilbertWisconsin Supreme Court · 1901
- J. I. Case Plow Works v. Niles & Scott Co.Wisconsin Supreme Court · 1900
- Northern Pacific Railway Co. v. Douglas CountyWisconsin Supreme Court · 1911
- Milwaukee Trust Co. v. City of MilwaukeeWisconsin Supreme Court · 1912
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Necedah Manufacturing Corp. v. Juneau CountyWisconsin Supreme Court · 1932
- Voigt v. Milwaukee CountyWisconsin Supreme Court · 1914
- Denver Union Terminal Railway Co. v. GlodtSupreme Court of Colorado · 1919
- Edward E. Gillen Co. v. John H. Parker Co.Wisconsin Supreme Court · 1919
- Gross Coal Co. v. City of MilwaukeeWisconsin Supreme Court · 1920
2 more not listed; retrieve them via the Exa API.