120 Wis. 470 | Wis. | 1904
The city commenced this action to restrain respondents from forcible and violent interference with the •officers and employees of the city in making an improvement of that portion of the streets which pass over the property of respondents. From the foregoing statement of ■facts, it appears that the city officers and those acting under their direction began to rebuild a sidewalk in front of respondents’ premises, and that respondent J. M. Randles forcibly obstructed them, destroying material and imple
“It shall be the duty of the owner of every lot or parcel' of land, abutting upon an improved street or a street ordered to be improved, whereon the grading for a sidewalk has been-done for ten days or more, to lay at his own expense, a standard sidewalk in front of the same, or one as good as the-standard, to be approved by the board of public works.”
It further provides:
“Whenever the board of public works shall have declared any sidewalls, or part thereof unsafe^ defective, or insufficient and required the same to be removed and replaced with a new sidewalk,” it shall be the duty of the abutting lot owner to lay a standard sidewalk, or one as good as standard, within three days after service of the order made by the board of public works requiring the removal and relaying of the-sidewalk.
The succeeding section authorizes the board of public-works to build and lay sidewalks whenever the lot owner shall fail to comply with the requirements of the preceding section, and the expense thereof shall be assessed upon the-abutting lots and collected like other city taxes upon real estate It is argued that the city had the right to require respondents to rebuild this walk, on account of its insufficiency and want of repair, after having ordered Arcadian avenue-permanently improved. Sec. 925 — 175, subch. XVIII, Stats. 1898, of the general charter law, gives cities the power to improve streets in the manner therein prescribed. Subch. XIX (secs. 925 — 201 to 925 — 207), of the same law provides how, in the construction and maintenance of sidewalks, these powers and duties shall be exercised by the city..
The general powers conferred by sec. 925 — 125, Stats. 1898, to improve streets by maintaining sidewalks, are therefore restricted and limited so as to harmonize with the provisions of subch. XIX (secs. 925 — 201 to 925 — 207), providing how they shall be executed and carried out. Crossett v. Janesville, supra; Drummond v. Eau Claire, supra; Jorgenson v. Superior, supra.
Were the city officers, and those acting under them, acting-within the law, when they attempted to grade and build a-sidewalk on Arcadian avenue in front of respondents’ property ? They seek to justify their acts under the order of the board of public works. It appears this board, by order, condemned the sidewalk as insufficient and unsafe on July 15,.
By the Court. — The judgment is affirmed.