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S. S. KRESGE CO. v. WINKELMAN REALTY CO.

260 Wis. 372 (1951)

S. S. KRESGE COMPANY OF MICHIGAN, Respondent, vs. WINKELMAN REALTY COMPANY and others, Appellants.

Supreme Court of Wisconsin.

January 8, 1952.

Attorney(s) appearing for the Case

For the appellants there were briefs by Smith, Okoneski, Puchner & Tinkham of Wausau, and oral argument by R. E. Puchner and Richard P. Tinkham.

For the respondent there was a brief by Genrich & Terwilliger, attorneys, and Emil A. Wakeen, Walter H. Piehler, and Neil M. Conway of counsel, all of Wausau, and oral argument by Herbert Terwilliger.

BROADFOOT, J.

The defendants claim that the owner of land has a right to use it to its fullest economic value. With this general statement there can be no quarrel. However, the plaintiff is the owner of the alleyway in question, subject to the easement established by the judgment of 1936. There is another general statement of law that an easement can be used only in connection with the estate to which it is appurtenant. Reise v. Enos, 76 Wis. 634, 45 N. W....

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