Hanlin v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL from the County Court of Milwaulcee County. The following statement of the pleadings was prepared; by Mr. Justice Tatlob as a part of the opinion: This action was brought to recover damages against the defendant Company upon two grounds.
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APPEAL from the County Court of Milwaulcee County. The following statement of the pleadings was prepared; by Mr. Justice Tatlob as a part of the opinion: This action was brought to recover damages against the defendant Company upon two grounds. The first count or cause of action attempted to be set out in the complaint is based upon the facts that the plaintiff is the owner of cer-. tain lots, and buildings thereon situate, in the city of Milwaukee, on the west side of Beach street, in said city, and-fronting on said street; that the predecessors of the defendant company in 1812 constructed a…
1Opinion of the CourtTatloe, J.
The objections taken in this court by the-learned counsel to the sufficiency of the complaint are: (1) If the first cause of action set up in the complaint shows that any part of the plaintiff’s premises were taken for the use of the railroad, then he must seek his compensation under the statute, to have his compensation and damages assessed by reason of such taking, and that an action for damages will not lie under the circumstances set up in the complaint; (2) If it be construed as not claiming that any of his property has been taken, then his claim to recover damages is for such as are…
2Cases cited20 opinions
- Bellinger v. . the New York Central RailroadNew York Court of Appeals · 1861
- Pettigrew v. Village of EvansvilleWisconsin Supreme Court · 1870
- Case of "the Philadelphia & Trenton Rail Road"Supreme Court of Pennsylvania · 1840
- Lansing v. SmithNew York Supreme Court · 1828
- Drake v. Hudson River RailroadNew York Supreme Court · 1849
15 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Gurnsey v. Northern California Power Co.California Supreme Court · 1911
- Indiana, Bloomington & Western Railway Co. v. EberleIndiana Supreme Court · 1887
- Miller & Lux Inc. v. Enter. Canal & Land Co.California Supreme Court · 1915
- Middelkamp v. Bessemer Irrigating Co.Supreme Court of Colorado · 1909
- Smith v. St. Paul, Minneapolis & Manitoba Railway Co.Washington Supreme Court · 1905
25 more not listed; retrieve them via the Exa API.