Klagus v. City of Baraboo
Klagus v. City of Baraboo
Opinion of the Court
It is contended by the appellant that it is impossible for it to operate its quarry successfully under the judgment of the court. It claims that the language of the judgment, preventing the city from casting stones upon plaintiffs’ land “in such quantities or of such sizes as in any. way to endanger the life or safety of those at work upon plaintiffs’ farm, or such as shall in any manner damage
It is not seriously contended that the lease under which the appellant claims, gives it any right to trespass upon plaintiffs’ premises outside the limits described in the lease. While the language of the decision, taken literally, might be construed to prevent the defendant from casting any stones whatever on the premises of-plaintiffs,- we give the language a fair and reasonable construction, and, so- construed, the defendant is enjoined from casting stones on plaintiffs’ premises so as to endanger life or to materially damage crops. So construed, the judgment may stand.
By the Court. — The judgment of the circuit court is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.