Milwaukee-Western Fuel Co. v. City of Milwaukee
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwaukee county: LaweeNce W. Halsey, Circuit Judge. Action at law under sec. 3180, Stats., to recover damages-caused by tbe construction by tbe city of Milwaukee in 1908-of a new bascule bridge across tbe Kinnickinnic river in said city, wbicb bridge, it is alleged, constitutes a nuisance in navigable waters, and to abate tbe same.
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Appeal from a judgment of tbe circuit court for Milwaukee county: LaweeNce W. Halsey, Circuit Judge. Action at law under sec. 3180, Stats., to recover damages-caused by tbe construction by tbe city of Milwaukee in 1908-of a new bascule bridge across tbe Kinnickinnic river in said city, wbicb bridge, it is alleged, constitutes a nuisance in navigable waters, and to abate tbe same. Tbe Chicago &. Northwestern Railway Company and the Chicago, Milwaukee & St. Paul Railway Company were joined as parties defendant under tbe claim that .they jointly with tbe city placed and maintained certain piling…
1Opinion of the Court
The following opinions were filed January 7, 1913:
ViNJE, J.
As we understand it, the turning point in the case in the court below was the fact that the plans of the bridge were not approved by the common council, as required by sec. 9 of ch. IX of the city charter, and that the structure was held to be a nuisance on that ground. There is a dispute between the parties as to whether or not the evidence shows they were so approved. A careful examination of the evidence adduced by both sides satisfies us that the plaintiff made a prima facie case showing that the plans were *253not approved, which,…
2Cases cited19 opinions
- Monongahela Navigation Co. v. United StatesSupreme Court of the United States · 1893
- Willamette Iron Bridge Co. v. HatchSupreme Court of the United States · 1888
- Cardwell v. American Bridge Co.Supreme Court of the United States · 1885
- Miller v. Mayor of New YorkSupreme Court of the United States · 1883
- Luxton v. North River Bridge Co.Supreme Court of the United States · 1894
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