Sprague v. Northern Pacific Railway Co.
Wisconsin Supreme Court
Appeal from an order of the circuit court for Bayfield county: John K. PaRish, Circuit Judge. Proceedings to condemn land for the use of the petitioner, the Northern Pacific Railway Company. The railway company commenced these proceedings hy petition to the judge of the circuit court for Bayfield county for the condemnation of a strip of land, described in the petition, owned by the appellants, and lying in the village of Washburn, Bayfield county.
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Appeal from an order of the circuit court for Bayfield county: John K. PaRish, Circuit Judge. Proceedings to condemn land for the use of the petitioner, the Northern Pacific Railway Company. The railway company commenced these proceedings hy petition to the judge of the circuit court for Bayfield county for the condemnation of a strip of land, described in the petition, owned by the appellants, and lying in the village of Washburn, Bayfield county. The petition was filed in the office of the clerk of the circuit court, where the land is situated, on the 11th day of August, 1903. On October…
1Opinion of the Court
SiebeckeR, J".
The application of the respondent railway company for the dismissal of this condemnation proceeding represents that it has neyer taken possession of any part of the strip of land sought to be condemned, and that the value of the land and the. amount of damages to adjoining land resulting from the condemnation exceed in amount any benefit to the public or petitioners for the use of the land as a right of way for a branch or spur track for railroad purposes, and that it deems it unwise and inexpedient to take the strip of land for these uses, and therefore asks that the proceeding…
2Cases cited9 opinions
- Brown v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
- Buchner v. Chicago, Milwaukee & Northwestern Railway Co.Wisconsin Supreme Court · 1884
- West v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1882
- Uniacke v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1886
- Brown v. Chicago, Rock Island & Pacific Railway Co.Nebraska Supreme Court · 1902
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3Cited by7 opinions
- Muscoda Bridge Co. v. Worden-Allen Co.Wisconsin Supreme Court · 1928
- Jeffery v. Chicago & Milwaukee Electric RailroadWisconsin Supreme Court · 1909
- York Shore Water Co. v. CardSupreme Judicial Court of Maine · 1917
- Brown v. County State Road & Bridge CommitteeWisconsin Supreme Court · 1924
- Rankin v. Clements Cadillac, Inc.Court of Appeals of Mississippi · 2004
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