Eisler v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
Appeal from an order of the circuit court for Milwaukee county: LawheNCE W. Halsey, Circuit Judge. Proceedings for condemnation under sec. 1852, Stats. 1915, brought by tbe owner to determine the damages he has sustained by reason of the taking of his land by the railway company in raising its tracks across Kinnickinnic avenue in Milwaukee. When the railway was built the avenue existed and the road crossed it at grade and nearly at right angles.
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Appeal from an order of the circuit court for Milwaukee county: LawheNCE W. Halsey, Circuit Judge. Proceedings for condemnation under sec. 1852, Stats. 1915, brought by tbe owner to determine the damages he has sustained by reason of the taking of his land by the railway company in raising its tracks across Kinnickinnic avenue in Milwaukee. When the railway was built the avenue existed and the road crossed it at grade and nearly at right angles. In 1906 the railway company was compelled by the city of Milwaukee to elevate its tracks above the avenue and to lower the latter so that it became a…
1Opinion of the CourtViNJE, J.
The railway company makes two main contentions on its appeal. The first is that since the change in grade was made in pursuance of the valid exercise of a police power the taking is damnum absque injuria.' This contention was negatived by this court in Buchner v. C., M. & N. W. R. Co. 56 Wis. 403, 416, 14 N. W. 213, where it was held that the lowering of a grade of a highway in front of the owner of the premises to make it conform to the grade of the railway was not damnum absque injuria, but a taking of private property for which just compensation must be made as required in sec. 13, art. I,…
2Cases cited4 opinions
- Buchner v. Chicago, Milwaukee & Northwestern Railway Co.Wisconsin Supreme Court · 1884
- Buchner v. Chicago, Milwaukee & Northwestern Railway Co.Wisconsin Supreme Court · 1882
- Pabst Brewing Co. v. City of MilwaukeeWisconsin Supreme Court · 1914
- Fay & Co. v. OrisonSupreme Court of Iowa · 1882
3Cited by8 opinions
- Chicago & Northwestern Railway Co. v. Railroad CommissionWisconsin Supreme Court · 1918
- In re KaiserWisconsin Supreme Court · 1920
- Chicago, Milwaukee & St. Paul Railway Co. v. City of MilwaukeeWisconsin Supreme Court · 1919
- Pittsburg, Cincinnati, Chicago & St. Louis Railway Co. v. Chicago City Railway Co.Appellate Court of Illinois · 1922
- Chicago, Milwaukee & St. Paul Railway Co. v. City of MilwaukeeWisconsin Supreme Court · 1919
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