Zettel v. City of W. Bend

• Decision Date: 17 March 1891
• Parties: ZETTEL v. CITY OF WEST BEND.
• Court: Wisconsin Supreme Court

79 Wis. 316

48 N.W. 379

ZETTEL

v.CITY OF WEST BEND.

Supreme Court of Wisconsin.

March 17, 1891.

Appeal from circuit court, Washington county.

It appears from the complaint that the plaintiff owns lot 4, block 8, of the original plat of the city of West Bend, and occupies the same as a homestead and residence, and that the same fronts the east, towards River street, running north and south, and one of the principal streets of the city; that south of that block is Hickory street, running east and west; that north of that block is Elm street, 80 feet wide, running east and west; that one block north of Elm street is Cedar street, running east and west; that the second street west of the block on which the plaintiff resides is Fond du Lac street, running north and south; that the next street west of that is Elizabeth street, only 50 feet wide, running north and south; that the next street west of that is West street, only 40 feet wide, running north and south, and very poor and difficult to travel, and constituting the western limits of the city; that immediately west of the west end of Elm street, and for a distance of 328 feet on West street, the plaintiff owns four acres of land, with an orchard, fruit–trees, garden crops, grain, and vegetables thereon, and of the value of $1,000; that on or about June 23, 1889, the defendant aided and permitted school–district No. 1 of said city to erect and maintain a large public school building entirely across that portion of Elm street immediately west of the west line of said Fond du Lac street, at a cost to said district of $15,000, and the same is now standing in and entirely obstructing said Elm street; that by reason of said obstruction the plaintiff is compelled, in going from his said residence to his said garden, to go south by way of Hickory and Elizabeth or West street, or from said residence north by way of Cedar and Elizabeth or West street to said garden; and that in hauling produce and other matter he was compelled to make said trips with horse and wagon almost daily; and that the value of his said garden had been thereby greatly reduced. By reason of such facts the plaintiff prayed judgment for $500 damages. To that complaint the defendant demurred, on the ground that it did not state facts sufficient to constitute a cause of action. From the order sustaining that demurrer the plaintiff brings this appeal.P. O'Meara, for appellant.

Barney & Keuchenmeister, for respondent.

CASSODAY, J., ( after stating the facts as above.)

The gravamen of the complaint is that by reason of the construction of the school–house in Elm street, between Fond du Lac and Elizabeth streets, the plaintiff has been compelled, in driving to and from his garden, to take a more inconvenient and circuitous route, to his damage. This is on the theory that the plaintiff has sustained special injury by reason of a...