This is an appeal from an order sustaining a demurrer to the plaintiff’s complaint, alleging, in effect: That the plaintiff has beеn the owner of the lot described ever since 1876. That the lot is on the corner of North Water and Pearson streets, and liеs on the north side of Pearson street and on the west side of North Water street, and is fifty feet front on North Water street, and еxtends west about 270 feet on Pearson street, to the established dock line on the Milwaukee river. That the lot is bounded on thе west by the river. That, since 1876, the plaintiff has resided thereon with his family as a homestead. That February 13,1888, the defendant, by ordinancе, permanently established the grade of North Water and Pearson streets in front of the premises of the plaintiff, and fixed аnd permanently established the same as follows: At the point of intersection of Yan Burén street, thirty six and one-half feet, assuming as a base the Milwaukee river as it was in March, 1836. That Yan Burén, Pearson, and North Water streets join together in front of the plaintiff’s premises. That, August 8, 1892, the defendant, by ordinance, duly ordained that the city, in pursuance to ch. 411, Laws of 1891, issue bonds for the constructiоn of a viaduct across the river from the intersection of Yan Burén street with Brady street to the intersection of Holton street with Reservoir avenue. That March 20, 1893, the defendant, by ordinance, ordained
It is nowhere alleged, nor is it claimed, that at any time prior to the re-establishment of the grade, Mаrch 20,1893, as stated, that Pearson and North Water streets, or either of them, were, or was, ever actually graded to the grade so established February 13,1888, nor that, at the.time of so changing the grade or the erection of the viaduct, the board of public works did not make an assessment of benefits and damages as required by the provisions of the charter. More
By the Oowrt.— The order of the superior court of Milwaukee county is affirmed.