Taylor v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
APPEALS from the Circuit Court for Milwaukee County. The railway company laid one of its tracks upon the lot of the plaintiff in the city of Milwaukee, and delayed or omitted to institute and prosecute condemnation proceedings to ascertain the compensation to which the plaintiff is entitled because thereof. Thereupon the plaintiff instituted such proceedings, and procured the appointment of commissioners to determine such damages.
Read the full summary
APPEALS from the Circuit Court for Milwaukee County. The railway company laid one of its tracks upon the lot of the plaintiff in the city of Milwaukee, and delayed or omitted to institute and prosecute condemnation proceedings to ascertain the compensation to which the plaintiff is entitled because thereof. Thereupon the plaintiff instituted such proceedings, and procured the appointment of commissioners to determine such damages. The commissioners made such award, and both parties appealed therefrom to the circuit court. On the trial of those appeals the plaintiff recovered increased…
1Opinion of the CourtLyon, C. J.
We are of the opinion, and so hold, that the provision of the statute which entitles the plaintiff to the cost and expense of prosecuting the condemnation proceedings when the company, by its neglect or omission, has compelled the plaintiff to institute the same (R. S. sec. 1852), is not limited by what would be taxable costs in an action. If such was the intention of the legislature, we think the term “ and expense ” would have been omitted. The policy of the statute seems to be to make it the duty of the railway company to institute the proceedings, for when it does so no costs are allowed…
2Cases cited2 opinions
- Wisconsin Central Co. v. KnealeWisconsin Supreme Court · 1891
- Halaska v. CotzhausenWisconsin Supreme Court · 1881
3Cited by9 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Richardson v. TysonWisconsin Supreme Court · 1901
- Davidson v. MunseyUtah Supreme Court · 1905
- Gano v. Minneapolis & St. Louis RailroadSupreme Court of Iowa · 1901
- A. Gettelman Brewing Co. v. City of MilwaukeeWisconsin Supreme Court · 1943
4 more not listed; retrieve them via the Exa API.