Van v. Town of Manitowoc Rapids (1989)
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· 37 citation events
across 3 courts.
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Boyer v. BNSF Railway Co. (2016)
Co. v. Office of Com’r of R.R.s, 204 Wis.2d 1 , 553 N.W.2d 845, 850 (Wis. Ct. App. 1996) (Section 88.87(2) “imposes an affirmative duty on a railroad to refrain from impeding the general flow of water in an unreasonable manner when constructing or maintaining a railroad bed.”) (emphasis ours) (citing Van v. Town of Manitowoc Rapids, 150 Wis.2d 929 , 442 N.W.2d 557, 558 (Wis. Ct. App. 1989)); see also id. at 851 (noting that duty imposed by section 88.87(2) is ongoing duty th…
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N.E.M. v. Strigel (1995)
Because § 895.035, STATS., is in derogation of common law, it must be construed "narrowly and strictly." Van v. Town of Manitowoc Rapids, 150 Wis. 2d 929, 934 , 442 N.W.2d 557, 559 (Ct. App. 1989).
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Carl A. Ricciardi v. Town of Lake (2023)
Van, 150 Wis. 2d at 934 (citations omitted). ¶26 Contrary to the Ricciardis’ assertion, we are not reading words into the statute that the legislature did not see fit to include “by grafting the ‘other than damages’ language into [WIS.
citations omitted
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Lins v. Blau (1998)
Section 88.87(2)(c), Stats., "creates a remedy for property owners who claim damages [from a violation of] this statute and establishes certain procedures to be followed in making a claim." See Van v. Town of Manitowoc Rapids, 150 Wis. 2d 929, 930 , 442 N.W.2d 557, 558 (Ct. App. 1989).
See Van v. Town of Manito-woc Rapids, 150 Wis. 2d 929, 930 , 442 N.W.2d 557, 558 (Ct. App. 1989).
See Van v. Town of Manitowoc Rapids, 150 Wis. 2d 929, 934 , 442 N.W.2d 557 (1989) (statutes creating new rights in derogation of the common law must be narrowly and strictly construed).
statutes creating new rights in derogation of the common law must be narrowly and strictly construed