Logourl black
From our private database of 13,800+ case briefs...

S.S. Kresge Co. v. Winkelman Realty Co.

Supreme Court of Wisconsin
50 N.W.2d 920 (1952)


Facts

Kresge (plaintiff) owned commercial real estate that included an alley connecting a public street to the north with another lot to the south. Max Tisch owned the lot to the south of Kresge and used Kresge’s alley for access to a retail store operation. In 1936, Kresge attempted to block off the alley. Tisch filed suit to assert his right to use the alley and the court affirmed a prescriptive easement for access to Tisch’s lot. In 1943, Winkelman (defendant) bought Tisch’s property. Winkelman began using the alley to access the Tisch lot as well as adjoining lots that Winkelman already owned. Kresge filed suit to enjoin Winkelman from using the alley to access any of Winkelman’s property except the Tisch lot. The trial court confirmed Kresge’s ownership of the alley and enjoined Winkelman from using the alley to access any of Winkelman’s property other than the Tisch lot. The trial court also enjoined Winkelman from any use of the alley way that would increase the burden upon Kresge’s property. Winkelman appealed and Kresge petitioned for a modification of the judgment to prohibit Winkelman from using the alley way altogether.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Broadfoot, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, start your 7-day free trial of Quimbee for Law Students.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 166,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.