Lyon v. Green Bay & Minnesota Railway Co.
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Wood County. Tbe plaintiffs are husband and wife. In 1872, tbe defendant company constructed its railroad over lands belonging to tbe plaintiff Esther J. Lyon, without procuring a condemnation of tbe same to its use. On July 1, 1875, certain commissioners, who bad been theretofore duly appointed for that purpose, made an award of tbe damages caused by tbe taking of such land by tbe railroad company.
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APPEAL from tbe Circuit Court for Wood County. Tbe plaintiffs are husband and wife. In 1872, tbe defendant company constructed its railroad over lands belonging to tbe plaintiff Esther J. Lyon, without procuring a condemnation of tbe same to its use. On July 1, 1875, certain commissioners, who bad been theretofore duly appointed for that purpose, made an award of tbe damages caused by tbe taking of such land by tbe railroad company. The sum awarded was $100. Tbe plaintiffs appealed from such award to tbe circuit court. It appeared from tlie evidence introduced on tbe trial there, that the…
1Opinion of the CourtLyoN, J.
In Railroad Co. v. Eble, 3 Pin., 334 (4 Chand., 68), it was held that the value of lands taken for railroad purposes is to be fixed as it is at the date of the appraisement by the commissioners appointed to appraise the same, and not as at the date of the location of the line by the company. The rule there laid down has been steadily upheld by this court ever since. Rollins v. R. R. Co., 6 Wis., 636; Kennedy v. Railway Co., 22 id., 581; Driver v. Railway Co., 32 id., 569; Aspinwall v. Railway Co., 41 id., 474. The rule manifestly extends to the appraisement of damages to lands not actually…
2Cases cited5 opinions
- Bigelow v. West Wisconsin Railway Co.Wisconsin Supreme Court · 1871
- Robbins v. Milwaukee & Horicon RailroadWisconsin Supreme Court · 1858
- Milwaukee & Mississippi Railroad v. EbleWisconsin Supreme Court · 1851
- Moore v. Superior & St. Croix RailroadWisconsin Supreme Court · 1874
- Young v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1871
3Cited by37 opinions
- San Antonio & Aransas Pass Railway Co. v. RubyTexas Supreme Court · 1891
- Cohen v. St. Louis, Fort Scott & Wichita RailroadSupreme Court of Kansas · 1885
- Samish River Boom Co. v. Union Boom Co.Washington Supreme Court · 1903
- Chicago, Sante Fe & California Railway Co. v. McGrewSupreme Court of Missouri · 1891
- Farmers' Loan & Trust Co. v. Kansas City, W. & N. W. R.U.S. Circuit Court for the District of Kansas · 1892
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