City of Madison v. Mayers
Wisconsin Supreme Court
Appeal from, a judgment of the circuit court for Dane county: Geo. Clementson, Judge. This action is to restrain the defendants from removing any earth, stone, or other materials from the limits of Spaight street, between Patterson and Livingston streets, and to restore said street to its prior condition, and to restrain the defendants from filling in the lake opposite to or in front of said portion of said street, and to abate the nuisance created by them.
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Appeal from, a judgment of the circuit court for Dane county: Geo. Clementson, Judge. This action is to restrain the defendants from removing any earth, stone, or other materials from the limits of Spaight street, between Patterson and Livingston streets, and to restore said street to its prior condition, and to restrain the defendants from filling in the lake opposite to or in front of said portion of said street, and to abate the nuisance created by them. The complaint is to the effect that the plaintiff is a municipality, and has control of the streets and sidewalks therein; that Spaight…
1Opinion of the Court
Cassoday, O. J.
The complaint alleges, in effect, that Spaight street, between Patterson and Livingston streets, *407was regularly laid out, platted, and recorded, and is sixty-sis feet wide, and was and is' traveled, and runs along the south side of block 149. The several answers allege that the street was established and dedicated under and by virtue of the Doty plat, duly executed and recorded May 7,1837; that November 27,1868, the common council of the city widened the street by extending the northerly boundary thereof, opposite lots 4, 5, 6, 7, and 8 in block 150, into block 149, as ■therein…
2Cases cited29 opinions
- City of Janesville v. CarpenterWisconsin Supreme Court · 1890
- People ex rel. Teschemacher v. DavidsonCalifornia Supreme Court · 1866
- J. S. Keator Lumber Co. v. St. Croix Boom Corp.Wisconsin Supreme Court · 1888
- The People v. . VanderbiltNew York Court of Appeals · 1863
- City of Racine v. EmersonWisconsin Supreme Court · 1893
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3Cited by23 opinions
- Village of Pewaukee v. SavoyWisconsin Supreme Court · 1899
- Quinn v. BaageSupreme Court of Iowa · 1907
- Fowler v. WoodSupreme Court of Kansas · 1906
- City of Emporia v. HumphreySupreme Court of Kansas · 1931
- City of Ashland v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1900
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