Wisconsin Reports (Volume 79); Cases Determined in the Supreme Court of Wisconsin

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1891 Excerpt: ... Drummond vs. The City of Eau Claire. Drummond, Respondent, vs. The City Of Eau Claire, Appellant. February 5--February 24, 1S91. City Of Eau Claire: Ordinances for grading streets: Liability for injuries by illegal grading. Under the provisiops of sec. 10, ch. 6, of the charter of Eau Claire (ch. 16, Laws of 1872), the costs and expenses of grading, etc., streets is chargeable wholly or in part to the lots abutting thereon, and the proceedings in relation thereto must comply with the provisions of that chapter. An ordinance for the establishment of a new grade, and the filling and regrading of a street, which does not comply therewith, and does not make the expenses of such filhng and regrading chargeable, wholly or in part, upon abutting lots, is voidand the city will be liable for injuries caused by its action under such ordinance. The provisions of sec 3, ch. 4, of the charter, giving the common council general power in respect to street improvements, cannot conflict with or supersede those special provisions relative to grading streets. APPEAL from the Circuit Court for Eau Claire County. The case fully appears in the opinion. V. W. James, for the appellant, contended, among other things, that if the ordinance of March 7, 1889, was void because passed on the same day it was introduced, it became valid by an amendment passed after the section of the charter requiring an interval of fourteen days had been repealed. The charter does not absolutely require the grading to be done at the expense of abutting lots, but subd. 7, sec. 3, ch. 4, of both the charter of 1872, and that of 1889, authorizes the common council to provide for grading, etc., streets, without imposing any conditions or restrictions. This view is sustained by Allen v. Janesville, 35 Wis. 40...