Melms v. Pabst Brewing Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: Geo. ClemeNtsoN, Judge. This is an action for waste, brought by reversioners against the defendant, which is the owner of an estate for the life of another in a quarter of an acre-of land in the city of Milwaukee. The waste claimed is the destruction of a dwelling-house upon the land, and the grading of the same down to the level of the street.
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Appeal from a judgment of the circuit court for Milwaukee county: Geo. ClemeNtsoN, Judge. This is an action for waste, brought by reversioners against the defendant, which is the owner of an estate for the life of another in a quarter of an acre-of land in the city of Milwaukee. The waste claimed is the destruction of a dwelling-house upon the land, and the grading of the same down to the level of the street. The complaint demands double damages, under sec. 3176, Stats. 1898. The quarter of an acre of land in question is situated upon Virginia street, in the city of Milwaukee, and was the…
1Opinion of the Court
The following opinion was filed July 3, 1899:
"WiNslow, J.
Our statutes recognize waste, and provide a remedy by action and the recovery of double damages therefor ’(Stats. 1898, sec. 3170 et seg.); but they do not define it. It may be either voluntary or permissive, and may be of houses, gardens, orchards, lands, or woods (Id. sec. 3171); but, in order to ascertain whether a given act constitutes waste or not, recourse must be had to the common law as expounded by the text-books and decisions. In the present case a large dwelling house, expensive when constructed, has been destroyed, and the…
2Cases cited4 opinions
- Wilkinson v. WilkinsonWisconsin Supreme Court · 1884
- Sherrill v. . ConnorSupreme Court of North Carolina · 1890
- Brock v. DoleWisconsin Supreme Court · 1886
- Bandlow v. ThiemeWisconsin Supreme Court · 1881
3Cited by12 opinions
- Pleasure Time, Inc. v. KussWisconsin Supreme Court · 1977
- F. W. Woolworth Co. v. NelsonSupreme Court of Alabama · 1920
- New York, Ontario & Western Railway Co. v. LivingstonNew York Court of Appeals · 1924
- Crewe Corp. v. FeilerSupreme Court of New Jersey · 1958
- Brokaw v. FairchildNew York Supreme Court · 1929
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