Taylor v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. In 1885 the Chicago, Mihoatikee & St. Paul Railway Company laid one of the tracks of its railroad diagonally, from southwest to northéast, across Commerce (formerly Water) street, in the Second ward of the city of Milwaukee, and has ever since used and operated the same. This track is laid across the northwest corner of lot 4, block 32, if such lot extends west to the center of the street.
Read the full summary
APPEAL from the Circuit Court for Milwaukee County. In 1885 the Chicago, Mihoatikee & St. Paul Railway Company laid one of the tracks of its railroad diagonally, from southwest to northéast, across Commerce (formerly Water) street, in the Second ward of the city of Milwaukee, and has ever since used and operated the same. This track is laid across the northwest corner of lot 4, block 32, if such lot extends west to the center of the street. Such block is platted between Commerce street on the west and Milwaukee river on the east thereof. In 1890 the plaintiff, claiming to'be the owner of said…
1Opinion of the CourtLyon, C. J.
On the appeal in the condemnation proceedings, reported in 81 Wis. 82, it was held that the adjudication therein by the circuit court that plaintiff was the owner in fee simple of the locus in quo upon which the railway company had laid and was operating its track in Commerce street is at least prima facie evidence of such ownership. The circuit court gave that effect to such adjudication on the trial of the appeals from- the award of the commissioners, leaving the railway company at liberty to disprove such title. Inasmuch as the question of title was fully litigated on the trial, and the…
2Cases cited5 opinions
- Kimball v. City of KenoshaWisconsin Supreme Court · 1856
- Williams v. Milwaukee Industrial Exposition Ass'nWisconsin Supreme Court · 1891
- Meiners v. Frederick Miller Brewing Co.Wisconsin Supreme Court · 1890
- Taylor v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1892
- Sinnott v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1892
3Cited by2 opinions
- Pollnow v. Department of Natural ResourcesWisconsin Supreme Court · 1979
- Thorndike v. Milwaukee Auditorium Co.Wisconsin Supreme Court · 1910