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PLESKO v. ALLIED INVESTMENT CO.

12 Wis.2d 168 (1961)

PLESKO and another, Plaintiffs and Respondents, v. ALLIED INVESTMENT COMPANY, Defendant and Appellant: CITY OF MILWAUKEE, Defendant and Respondent.

Supreme Court of Wisconsin.

January 10, 1961.

Attorney(s) appearing for the Case

For the appellant there was a brief by Michael J. Dunn, and oral argument by Mr. Dunn and Mr. Carl F. Schetter, both of Milwaukee.

For the respondents Plesko there was a brief by Donald R. Hunter and Kersten & McKinnon, all of Milwaukee, and oral argument by Mr. Arlo A. McKinnon and Mr. Hunter.

For the respondent city of Milwaukee there was a brief by John J. Fleming, city attorney, and John F. Kitzke, assistant city attorney, and oral argument by Mr. Kitzke.

FAIRCHILD, J.

The complaint does not expressly allege that Allied Investment Company owns the "tree border" between the sidewalk and the curb where the elm tree stood. Allied appears to concede, however, that but for the effect of certain ordinances upon which it relies, it owns the fee to the center of the street subject to the city's easement for highway purposes.

The circuit court considered that the case is ruled by Brown v. Milwaukee Terminal R. Co...

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