Andrews v. Farmers' Loan & Trust Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Rock County. Application for an injunction. The complaint states that the Racine & Mississippi R. R. Co., one of the defendants, in 1856, constructed a part of its main track in front of a certain lot in the city of Beloit, and over the adjoining half of the street, and said structure has ever since been used as a part of said railroad track; that one Russell, ■who, on the 22d of November, 1858, was owner of said lot and half the street in…
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APPEAL from the Circuit Court for Rock County. Application for an injunction. The complaint states that the Racine & Mississippi R. R. Co., one of the defendants, in 1856, constructed a part of its main track in front of a certain lot in the city of Beloit, and over the adjoining half of the street, and said structure has ever since been used as a part of said railroad track; that one Russell, ■who, on the 22d of November, 1858, was owner of said lot and half the street in front thereof, and “ had previously suffered damage from the building and continuance of said track up to that time,”…
1Opinion of the CourtColb, J.
This action is brought to restrain the railroad company from using its track or operating its road over the premises mentioned in the complaint, until the company makes compensation for the land taken for its road, and also pays the amount of the Russell judgment therein described. A judgment was rendered granting in part the relief asked. This judgment we deem erroneous. By section 2, chap. 175, Laws of 1861, it is’provided that when a railroad company has appropriated land for the use of its road, without having the damages assessed, and without making compensation, the person interested in…
2Cases cited7 opinions
- TERRETT & OTHERS v. Taylor & OthersSupreme Court of the United States · 1815
- Bank of Hamilton v. Lessee of DudleySupreme Court of the United States · 1829
- Shepardson v. Milwaukee & Beloit RailroadWisconsin Supreme Court · 1858
- Penrice v. WallisMississippi Supreme Court · 1859
- Davis v. La Crosse & Milwaukee RailroadWisconsin Supreme Court · 1860
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Hanlin v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1884
- State ex rel. Moody v. BakerSupreme Court of Florida · 1884
- Tenny v. MulvaneyOregon Supreme Court · 1880
- Bohlman v. Green Bay & Lake Pepin Railway Co.Wisconsin Supreme Court · 1872
- Schuster v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1910