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

50 N.W.2d 920 (1952)

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

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

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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

Issue

Holding and Reasoning (Broadfoot, J.)

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