BRENNAN v. MILWAUKEE


265 Wis. 52 (1953)

BRENNAN and others, Appellants, vs. CITY OF MILWAUKEE and another, Respondents.

Supreme Court of Wisconsin.

November 3, 1953.


Attorney(s) appearing for the Case

For the appellants there were briefs by Hammersley, Torke & Kelley, attorneys, and Robert F. Boden of counsel, all of Milwaukee, and oral argument by Charles E. Hammersley.

For the respondents there was a brief by Walter J. Mattison, city attorney, and George A. Bowman, Jr., assistant city attorney, and oral argument by Mr. Bowman.


FAIRCHILD, J.

The general principles relating to legislative power to require existing buildings to meet certain minimum requirements in the interest of public health and safety are well set forth in Adamec v. Post (1937), 273 N.Y. 250, 255, 7 N.E.2d 120, 122:

"At the point where economic self-interest ceases to be a sufficiently potent force for the promotion of the general welfare, or, indeed, becomes a force...

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