14 Wis. 586 | Wis. | 1861
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It jg difficult to perceive upon wRat principle tRe judgment in tRis case can be sustained. In tRe first place tRe complaint alleges tRat by tRe various proceedings of tRe city autRorities, wRicR are detailed tRere-in, a public street was duly laid out according to tRe provisions of tRe cRarter. It tRen goes on to state tRat tRe street commissioners ordered tRis street to be graded by tRe owners of tRe lots fronting on the same, according to certain specifications; tRe work to be done before tRe first of June, 1857 ; and tRat in default of tRe grading being done witRin tRe time limited, tRe commissioners, after due notice as required by tRe cRarter, entered into a contract witR tRe respondent for grading tRe street; wRicR contract was performed by Rim, the wort done, and accepted by the commission
Now there is nothing in all these allegations yrhich in any way tendg to show any general liability on the part of the city to pay for the grading of the street. .Indeed, those allegations of the complaint which refer to the issuing of the certificates by the street commissioners, in which the expense of grading was made expressly chargeable- upon the lots on which the work was done, would reptel every such inference. The provisions of the charter under which the grading was ordered and the contract made, declare that the expense of the work shall be chargeable to and payable by the lots fronting on the street, and shall be assessed upon them.— Sections 5, 6 and 9, chapter 7, of the charter. And the whole case indubitably shows that it was the understanding of all parties that the cost of grading was made by the charter the subject of local assessment, chargeable upon the lots upon which the work was done, and did not become a general charge against the city. The street commissioners did not contract to pay for the grading out of any funds belonging to the city, and if they had made such a contract it would clearly have been beyond the scope of the authority given them by the charter. Nor did we understand that the counsel for the respondent contended for the proposition that the city was primarily under obligation to pay for grading the
The judgment of the circuit court must be reversed, and a new trial ordered.