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HARTUNG v. MILWAUKEE COUNTY

2 Wis.2d 269 (1957)

HARTUNG and others, Plaintiffs and Respondents, vs. COUNTY OF MILWAUKEE, Defendant: CITY OF MILWAUKEE and another, Defendants and Appellants.

Supreme Court of Wisconsin.

December 3, 1957.

Attorney(s) appearing for the Case

For the appellant city of Milwaukee there was a brief by Walter J. Mattison, city attorney, and Ewald L. Moerke, Jr., assistant city attorney, and oral argument by Mr. Moerke.

For appellant city of Wauwatosa there was a brief by Milton F. Burmaster, city attorney, and Herbert L. Mount, special counsel, and oral argument by Mr. Mount.

For the respondents there was a brief and oral argument by Bernard F. Mathiowetz of Milwaukee, for Walter Hartung and Pearl Hartung, and by Clarence G. Ehrle of Milwaukee, for the Wauwatosa Stone Company.

MARTIN, C. J.

The quarry premises lie approximately 10 per cent within the Milwaukee city limits and 90 per cent within the city limits of Wauwatosa. Milwaukee county owns the Menomonee river parkway and drive which adjoins the quarry premises to the west. The property which includes the quarry was owned by the Hartung family since 1880. It was originally worked as a farm and in 1910 the first quarrying was done in the area by the plaintiff Walter Hartung and his...

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