Legal Opinion

Diedrich v. Northwestern Union Railway Co.

Wisconsin Supreme Court

Decided August 15, 1877PublishedCited by 62 opinions

APPEAL from the Circuit Court for Milwaukee County. Juneau and Martin’s plat of Milwaukee, recorded in 1837, is tlms described in Emmons v. Milwaukee, 32 Wis., p. 436: “ Such plat is hounded on the west by the Milwaukee river; on the east by Lake Michigan; and is thirteen blocks in length from north to south, extending from Division street to Me-nomonee street.

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APPEAL from the Circuit Court for Milwaukee County. Juneau and Martin’s plat of Milwaukee, recorded in 1837, is tlms described in Emmons v. Milwaukee, 32 Wis., p. 436: “ Such plat is hounded on the west by the Milwaukee river; on the east by Lake Michigan; and is thirteen blocks in length from north to south, extending from Division street to Me-nomonee street. Along the whole east side of the plat there is a vacant strip of land adjacent to the lake, and varying greatly in width. On the west side of this strip, and extending. into it a trifle, a square of fifty feet is designated, in the…

1Opinion of the Court

KyaN, O. J.

I. A strong appeal was made- to us by one of the counsel of the appellant, to change, in this case, the rule of property arising upon one of the plats of the city of Milwaukee, established by this court in Emmons v. Milwaukee, 32 Wis., 434. And some of the authorities cited by the distinguished gentleman lent great force to his argument. Rowan v. Portland, 8 B. Mon., 232; Alves v. Henderson, 16 id., 131. The court was not referred to those cases in Emmons v. Milwaukee/ and it is now impossible to say, had they been then cited, what influence they might have had on the judgment in…

2Cases cited15 opinions

  1. Yates v. MilwaukeeSupreme Court of the United States · 1871
  2. Barclay v. Richard W. Howell's LesseeSupreme Court of the United States · 1832
  3. Atlee v. Packet Co.Supreme Court of the United States · 1875
  4. Dutton v. StrongSupreme Court of the United States · 1861
  5. Rowan's Ex'rs v. Town of PortlandCourt of Appeals of Kentucky · 1847

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3Cited by62 opinions

  1. State v. DeetzWisconsin Supreme Court · 1974
  2. Anaheim Union Water Co. v. Fuller.California Supreme Court · 1907
  3. Mendota Club v. AndersonWisconsin Supreme Court · 1899
  4. McLennan v. PrenticeWisconsin Supreme Court · 1893
  5. Priewe v. Wisconsin State Land & Improvement Co.Wisconsin Supreme Court · 1896

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