Pabst Brewing Co. v. City of Milwaukee
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: W. J. Tue.NER, Circuit Judge. Action to recover damages to plaintiff’s property claimed to have been caused by an illegal change of grade of a street in the defendant city upon which, at the point in question, the plaintiff’s lot abuts.
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Appeal from a judgment of the circuit court for Milwaukee county: W. J. Tue.NER, Circuit Judge. Action to recover damages to plaintiff’s property claimed to have been caused by an illegal change of grade of a street in the defendant city upon which, at the point in question, the plaintiff’s lot abuts. The complaint was to the effect that defendant trespassed upon its premises by participating with the Chicago, Milwaukee & St. Paul Eailway Company in cutting down that part of Kinnickinnic avenue upon which its land abuts to correspond to an alleged re-established grade of such street, the…
1Opinion of the Court
Mabshall, J.. The question here is this: Should' not respondent have made its claim solely against the railway company ? The street was not cut down for street purposes-but for railway purposes. Had it not become necessary for the railway company to raise its tracks, no change in the physical characteristics of the street would have occurred.. The city had ample power to change the grade for ordinary street purposes by taking proper proceedings to that end; but not to enable the railway company to maintain its tracks in or across the street, nor make the railway company its agent therefor.…
2Cases cited9 opinions
- Buchner v. Chicago, Milwaukee & Northwestern Railway Co.Wisconsin Supreme Court · 1884
- Hanlin v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1884
- Milwaukee & Northern Railroad v. StrangeWisconsin Supreme Court · 1885
- Buchner v. Chicago, Milwaukee & Northwestern Railway Co.Wisconsin Supreme Court · 1882
- Taylor v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1885
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Chamberlain Etl Al. v. LarsenUtah Supreme Court · 1934
- Chicago & Northwestern Railway Co. v. Railroad CommissionWisconsin Supreme Court · 1918
- Eisler v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1916
- In re KaiserWisconsin Supreme Court · 1920
- Cronin v. Janesville Traction Co.Wisconsin Supreme Court · 1916
7 more not listed; retrieve them via the Exa API.