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BESNAH v. FOND DU LAC

35 Wis.2d 755 (1967)

BESNAH, Respondent, v. CITY OF FOND DU LAC, Appellant.

Supreme Court of Wisconsin.

June 30, 1967.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by John C. Murphy, city attorney.

For the respondent there was a brief by George M. St. Peter and St. Peter & Hauer, all of Fond du Lac, and oral argument by George M. St. Peter.

BEILFUSS, J.

The sole issue on this appeal is:

Is there any credible evidence to sustain the findings of the jury?

In condemnation cases just compensation for the taking is what the owner has lost, not what the condemnor has gained. Volbrecht v. State Highway Comm. (1966), 31 Wis.2d 640, 647, 143 N.W.2d 429. The measure of the owner's loss in case of a partial taking, such as this case, is provided by sec...

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