State ex rel. Grady v. Chicago, Madison & Northern Railroad
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Green County. Tbe case sufficiently appears in tbe opinion. to the point that mandamus was the proper remedy in this case, as there was no other specific legal remedy to which the relator could resort, cited Crary’s Special Proceedings, 272-3; Lyon v. Q. B. da M. Ii. Go. 42 Wis. 544; Nelson v. G., M. do N. B. Go. 58 id. 519; Ohio da M. B. Go. v. People, 121 Ill. 483; Boggs v. O., B. da Q. B. Go. 54 Iowa, 435; High, Ex. Leg.
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APPEAL from tbe Circuit Court for Green County. Tbe case sufficiently appears in tbe opinion. to the point that mandamus was the proper remedy in this case, as there was no other specific legal remedy to which the relator could resort, cited Crary’s Special Proceedings, 272-3; Lyon v. Q. B. da M. Ii. Go. 42 Wis. 544; Nelson v. G., M. do N. B. Go. 58 id. 519; Ohio da M. B. Go. v. People, 121 Ill. 483; Boggs v. O., B. da Q. B. Go. 54 Iowa, 435; High, Ex. Leg. Rem. 200, 228. They contended that the construction of farm crossings was imposed only as an incident to the erection and maintenance of…
1Opinion of the CourtCole, C. J.
The relator is the owner of a farm across which the defendant company has constructed its railway track, *261dividing the farm into two separate parcels. The company has been operating its road, running daily trains of cars over the same, for more than a year, but has neglected to construct suitable farm crossings for the convenience of the relator in passing with his teams and stock from one part of his premises to the other; and this application is for a mandamus to compel the company to construct proper crossings. On motion, the alternative writ was quashed, and the appeal is from the order…
2Cases cited3 opinions
- People v. Mayor of New-YorkNew York Supreme Court · 1833
- Town of Jamestown v. Chicago, Burlington & Northern RailroadWisconsin Supreme Court · 1887
- City of Oshkosh v. Milwaukee & Lake Winnebago RailroadWisconsin Supreme Court · 1889
3Cited by12 opinions
- Joseph v. Passaic Hospital Ass'n.Supreme Court of New Jersey · 1958
- State ex rel. Lamar v. Jacksonville Terminal Co.Supreme Court of Florida · 1899
- Middle States Utilities Co. v. City of OsceolaSupreme Court of Iowa · 1940
- State ex rel. Wisconsin Telephone Co. v. Janesville Street Railway Co.Wisconsin Supreme Court · 1894
- State ex rel. Burg v. Milwaukee Medical CollegeWisconsin Supreme Court · 1906
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